36C24824Q0040.docx

36C24824Q0040 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 36C248 Todd Pappas Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Commerce Building 300 E. University Ave. Ste. 180 Gainesville FL 32601-3460

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

Initial Battery Replacement of all Fire Alarm Panels in facility.

Contract Period: Base POP Begin: 11-10-2023 POP End: 11-09-2024 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Inspect and test the alarm panel and associated devices as per NFPA 72 Standards for the buildings described in the Statement of Work.

POP Begin: 11-10-2023 POP End: 11-09-2024

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Minor repairs of the fire alarm system not to exceed $5000.00 per year. (Contractor may submit several invoices but Not Exceed $5,000 for the year)

POP Begin: 11-10-2023 POP End: 11-09-2024

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Inspect and test the alarm panel and associated devices as per NFPA 72 Standards for the buildings described in the Statement of Work.

Contract Period: Option 1 POP Begin: 11-10-2024 POP End: 11-09-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Minor repairs of the fire alarm system not to exceed $5000.00 per year. (Contractor may submit several invoices but Not Exceed $5,000 for the year) Contract Period: Option 1 POP Begin: 11-10-2024 POP End: 11-09-2025

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Inspect and test the alarm panel and associated devices as per NFPA 72 Standards for the buildings described in the Statement of Work.

Contract Period: Option 2 POP Begin: 11-10-2025 POP End: 11-09-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Minor repairs of the fire alarm system not to exceed $5000.00 per year. (Contractor may submit several invoices but Not Exceed $5,000 for the year) Contract Period: Option 2 POP Begin: 11-10-2025 POP End: 11-09-2026

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Inspect and test the alarm panel and associated devices as per NFPA 72 Standards for the buildings described in the Statement of Work.

Contract Period: Option 3 POP Begin: 11-10-2026 POP End: 11-09-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Minor repairs of the fire alarm system not to exceed $5000.00 per year. (Contractor may submit several invoices but Not Exceed $5,000 for the year) Contract Period: Option 3 POP Begin: 11-10-2026 POP End: 11-09-2027

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Inspect and test the alarm panel and associated devices as per NFPA 72 Standards for the buildings described in the Statement of Work.

Contract Period: Option 4 POP Begin: 11-10-2027 POP End: 11-09-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

Minor repairs of the fire alarm system not to exceed $5000.00 per year. (Contractor may submit several invoices but Not Exceed $5,000 for the year) Contract Period: Option 4 POP Begin: 11-10-2027 POP End: 11-09-2028

PRODUCT/SERVICE CODE: J012 - Maintenance, Repair, and Rebuilding of Equipment - Fire Control Equipment

B.3 Statement of Work Fire Alarm Statement of Work Annual Testing of the Fire Alarm for Gainesville VAMC

Justification The Malcolm Randall VAMC requires Annual Fire Alarm Testing as required by NFPA 72. Testing should be performed in accordance with NFPA 72. Testing documentation and records will be provided to the COR in both digital and hard copy.

Scope of work Initial replacement of batteries for all fire alarm panels within the facility. Optional years will include battery replacement as necessary. Testing of entire fire alarm system including Main Building, CLC, Bed Tower, (3) Parking Garages, (11) Trailers, (7) Out buildings, and the Fisher House.

The test shall include the following sites:

Node 1 VAMC Bed Tower Node 4 VAMC CLC BLDG 12 Node 8 VAMC Liberty Parking Garage Node 10 VAMC T-3 Building Node 11 VAMC Building 11 and 14 Node 12 VAMC T-6 Main Panel Node 13 VAMC Building 1 Main FACP Node 15 VAMC Building 40 Node 18 VAMC Fisher House Node 19 VAMC Freedom and Independence Garage Node 30 VAMC Malcolm Randall Medical

The device list for the facility shall be downloaded from the workstation located in the control room of the Boiler Plant. All devices shall be tested. The contractor shall test and inspect the following equipment according to NFPA 72 2022 edition:

· Fire Alarm Control Panels, w Battery

· Fire Alarm Voice Evacuation Panels, Supervisory

· Auxiliary Field Module Devices

· Control Field Modules, Indicating

· Initiating Field Devices

· Notification Field Devices

· Manual Alarm Stations

· Smoke Detectors

· Heat Detectors

· Duct Smoke Detectors for Air Handlers and Dampers

· Power Supplies

· Strobes

· Speakers

· Voice Evacuation

· Batteries & Fire Alarm System components.

· DACT

· Smoke doors Provide labor and materials to provide minor repairs to the Fire Alarm System not to exceed the $5000.00 allocation. Optional years shall also include a $5000.00 allocation intended for minor repairs and corrections

Battery Replacement, Complete System Inspection/Testing, and Minor Repairs/Deficiency Corrections Battery Replacement

· All backup batteries for all Notifier by Honeywell Fire Alarm panels will be replaced prior to initiating testing of the system. Most of the batteries within the system are nearing 5 years of age. All devices related to the fire alarm system containing backup batteries will be addressed and replaced. Batteries shall be new and of proper size/type as recommended by Notifier by Honey for the Fire Alarm system. Installation date shall be placed on the new battery at time of install utilizing vinyl labels. All labeling shall be ½” white with black lettering.

· Optional years of contract will include replacement of batteries on as needed or required basis. Batteries will be checked and replaced as needed or required during the optional year(s) of inspection and testing.

Complete System Inspection/Testing

· Contractor will be responsible for initiating inspection/testing per NFPA 72. The appointed VA representative (COR) will provide a daily impairment form to place the system in the test mode. Contractor will provide verbal announcement via the Fire Alarm Control at the beginning and conclusion of testing each day or session of testing. Testing of patient care areas to include the Operating Rooms, Cath Lab, and Intensive Care Units shall be scheduled with the COR. The Contractor should be prepared to perform testing after hours for portions of the facility. Out buildings, garages, trailers, and Fisher House may be tested during normal work hours. The remainder of the facility shall be tested after hours or on weekends as to minimize interference of normal operations.

· Contractor will immediately notify the COR and facility Safety representative of any Fire Alarm equipment failures such that ILSM (Interim Life Safety Measure) can be implemented.

· Contractor will pause testing and attempt to correct any minor deficiency identified prior to proceeding including replacement of modules, resistors, smoke alarm modules, heat detectors, etc as to ensure the system remains functional and operable.

· Manual Pull Stations: All pull stations shall be functionally tested through the system for alarm and proper supervision per system design.

· Smoke Detectors: All detectors to be tested for functionality through the system for alarm and supervision per system design.

· Heat Detectors: All detectors to be tested for functionality through the system for alarm and supervision per system design.

· HVAC Duct Detectors: All detectors to be tested for functionality through the system for alarm and supervision per system design.

· Audible/ Visual Notification Appliances: All units to be tested through the system. All audible units will be activated to verify audibility and coverage. Visual units will be put into alarm to verify proper operation and coverage.

· Smoke Door Closure. All smoke doors for specific zones should be inspected to ensure proper closure. All smoke doors will be re-opened prior to testing.

· Fire Alarm Control Unit: Test will be conducted to verify communication between interface panels, central supervising unit, and peripheral devices used to provide control or annunciation functions. Each signaling line circuit, including those on which addressable devices operate, will be tested for reporting capability by operating initiating devices connected. Test will be conducted to verify all status modes. Contractor will verify that each test signal is properly received and processed by central control unit and peripheral devices providing control and annunciation functions.

· Contractor will request daily reports from the current Fire Alarm monitoring company to ensure the system is accurately providing notification. The report will be compared to the listing of devices tested to ensure accuracy. Discrepancies will be reported to the COR and Safety representative. The Contractor will correct the reporting deficiency prior to proceeding with testing.

Minor Repairs/Deficiency Corrections

· The contractor shall allocate up to, but not to exceed, $5,000 for minor corrections to be performed during the Inspection and Testing phase. This shall apply for the initial and optional year9s0 of the contract.

· During the Inspection and Testing phases the contractor will pause and make minor corrections to the system.

· Minor corrections can be defined as quick programming adjustments, minor equipment replacement, or minor wiring correction/replacement.

· Includes labor for minor adjustments such as programming corrections for device locations, replacing devices, or correcting minor wiring deficiencies. Shall also Include providing devices such as smoke detectors, heat detectors, modules, resistors etc. up to but not exceeding $5,000.00.

· Following correction of a recorded deficiency the contractor will re-test to ensure the corrective action has remedied the issue.

· All minor repairs and corrections will be approved by the CO or COR prior to the contractor advancing with minor corrective action. The contractor will remain responsible for ensuring these corrections do not exceed $5,000.00 and for recording the cost associated with each corrective action. The contractor will prepare and provide a report to the COR for all corrective actions including the cost associated with each.

· Major equipment failure and/or requirements will be documented and reported to the COR and Safety Manager. The contractor may provide recommendations for repair or replacement and may also provide a quote for the major repair. The CO and COR will discuss to determine a corrective action. The VA may issue a separate PO for such repairs to the contractor or elect to search for another vendor for these issues/repairs.

Certifications and Qualifications of Contractors:

· All Fire Alarm Technicians shall be certified by the National Institute for Certification in Engineering Technologies (NICET).

· Contractor shall utilize Aries Firelab Software to document and record findings from the Inspection and Testing phase of this contract. The generated report shall be provided in both digital and hard copy. The digital copy shall be emailed in pdf format to the COR. Two (2) hardcopies shall be provided and enclosed in hardback three ring binders.

· Number of Employees. The Contractor shall have an adequate number of capable and qualified employees to enable the Contractor to properly and safely perform all work required under the terms of this contract.

· Fire Alarm System Technicians: Fire Alarm Systems Technicians performing contract work shall meet the service personnel qualification requirements in NFPA 72 and hold at least a NICET Level 2 (Associate Engineering Technician) in Fire Protection Engineering Technology, Fire Alarm Systems. Additionally, the Technician must have experience in the past five years in fire alarm system testing, repair, maintenance, installation, and related activities of buildings and equipment comparable to the buildings and equipment covered by this contract.

· Addressable Systems: Technicians modifying the fire alarm control panel of systems shall be factory trained and currently certified for the operating system, including software version, of the fire alarm system, and shall provide documentation of this certification to the Ordering Official and Authority Having Jurisdiction.

· Licenses & Permits. Contractor and subcontractor personnel engaged in the activities specified by this contract shall be also required to possess certificates of training, licenses, and permits as required by the state, county, parish, city, and other local jurisdictions when the alarm system is installed in a facility covered by such state, county, parish, city, and other local jurisdictions.

· Documentation. The Contractor shall provide to the Ordering Official and Authority Having Jurisdiction documentation of the certificates of training, licenses, and permits for all new employees not later than seven (7) days prior to that person beginning work under the terms of this contract. The Contractor shall insure that all certificates of training, licenses, permits, and bonds are current and valid. All offers must include documentation and proof of the above certifications and qualifications for each employee.

DOCUMENTATION/REPORTS/INVOICES: The documentation will include a test report showing each device with a pass/fail including an explanation and reason for the failure. Additionally, a deficiency report shall be provided for all devices with an action needed to remedy or repair the issue. All documentation shall be prepared and documented through Aries Firelab Software.

IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS: The contractor’s employees shall always wear visible identification while on the premises of the VAMC. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited on the VAMC campus. 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.

RESPONSIBILITY OF THE CONTRACTOR: The Contractor must obtain authorization from the Contracting Officer or the COR Designee for any services required outside the scope of work (SOW), provided herein.

RESPONSIBILITY OF THE CONTRACTOR REGARDING SENSITIVE INFORMATION: Sensitive information will not be stored by the contractor. All sensitive information including the final report and findings will be provided to the VA Contractor Officer (CO) or Contracting Officer Representative (COR). All sensitive information will be safeguarded and will only be shared with the CO or COR. Both electronic and hardcopy will be provided following the completion of the inspection/testing.

HOURS OF SERVICE: Normal VA Medical Center work hours are from 8:00 A.M. to 4:30 P.M., EST, Monday through Friday, excluding Federal Government designated holidays.

CONTRACTOR TESTING AND INSPECTION: The Contractor is responsible for performing all inspections and tests necessary to substantiate the services furnished under the contract and conform to contract requirements. The VA always has the right to test all services ordered under the contract and places throughout the term of the contract. Government testing and inspection will not unduly delay any Contractor work being performed nor will it create a defect in services covered by this contract. Both electronic and hardcopy will be provided following the completion of the inspection/testing.

OPTION YEAR(S): The Government reserves the right to exercise optional year(s) of service not to exceed four (4) optional years. Shall the Government choose to exercise the optional year(s), the contracting officer shall provide preliminary written notice to the contractor at least 60 days before the contract expires. The Contractor shall provide pricing for the optional years of inspection and testing as part of this solicitation to include battery replacement as necessary and allocation of not more than $5000.00 for minor repairs and corrections.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably 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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract 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; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

(v) Incorporation by reference. The Contractor’s representations and 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 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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)

* Note * The specified rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause.

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

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

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

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [X] By the end of the base term of the contract and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

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

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

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

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

(End of Clause)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause) C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts…