36C25027Q0009.docx

36C25027Q0009

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

583-27-1-669-0009 36C25027Q0009 09-28-2026 Stacie Hill

(937) 268-6511 ext 4651 10-14-2026 10:00

EDT

36C250 Department of Veterans Affairs Network Contracting Office 10 3140 Governor's Place Blvd Suite 210 Kettering OH 45409-1337 X X 561621 $25 Million N/A X 36C250 Department of Veterans Affairs Richard L. Roudebush VAMC 1481 W. 10th Street Indianapolis IN 46202

36C250 Department of Veterans Affairs Network Contracting Office 10 3140 Governor's Place Blvd Suite 210 Kettering OH 45409-1337

Department of Veterans Affairs Financial Services Center Invoices To Be submitted electronically https://www.tungsten-network.com

877-489-6135 Fire Alarm Maintenance Contact Info: Stacie Hill, Contract Specialist, Email: stacie.hill@va.gov Quotes must be sent to the contract specialist, via email, only. No physical mail will be accepted. Qutotes must be received no later than the day/time specified in block 8 583-3670162-669-854100-2543 010055590 x X Luke Turner

VA-VHA-RPOC-2024-0076

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 36C250 Department of Veterans Affairs Network Contracting Office 10 3140 Governor's Place Blvd Suite 210 Kettering OH 45409-1337

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

Fire Alarm Testing and Maintenance Contract Period: Base POP Begin: 12-15-2026 POP End: 12-14-2027

Fire Alarm Testing and Maintenance Contract Period: Option 1 POP Begin: 12-15-2027 POP End: 12-14-2028

Fire Alarm Testing and Maintenance Contract Period: Option 2 POP Begin: 12-15-2028 POP End: 12-14-2029

Fire Alarm Testing and Maintenance Contract Period: Option 3 POP Begin: 12-15-2029 POP End: 12-14-2030

Fire Alarm Testing and Maintenance Contract Period: Option 4 POP Begin: 12-15-2030 POP End: 12-31-2031

STATEMENT OF WORK

INSPECTION, TESTING, MAINTENANCE and MINOR REPAIR OF FIRE ALARM, SIGNALING AND WATER BASED FIRE PROTECTION SYSTEMS

1.0 – GENERAL

1.1 – Requirement/Summary:

The Richard L Roudebush VA Medical Center has a requirement to inspect, maintain and provide minor repairs to both the electrical and mechanical portions of the fire alarm and suppression systems located in the main hospital building and several out-buildings on the campus of the medical center and at the Cold Springs Road remote site. These locations are more fully developed later in this document.

1.2 – Intent: The intent of this work is to provide a complete, survey-ready, device level inspection, testing and maintenance program for the facility fire alarm system and associated fire alarm interfaces, with documentation sufficient for the VA, Joint Commission, NFPA, and Authority Having Jurisdiction (AHJ) review.

1.3– Place of Performance:

The majority of the work shall be performed at the Richard L Roudebush VA Medical Center (RLRVAMC), 1481 W 10th Street, Indianapolis, IN 46202. A minor quantity of work shall be performed at the Vet’s House, located at 2669 Cold Springs Rd, Indianapolis, IN 46222.

1.4– Background: RLRVAMC is a one million+ square foot medical facility consisting of several buildings that provide both inpatient and outpatient care and services. This is a fully functioning hospital that provides medical care 24 hours per day, every day of the year. Interruption of any essential services would significantly impair the ability of the hospital to continue to provide services to veterans. Utmost care is required during all work on all systems to minimize any disruptions to care. All work shall be planned and executed to avoid unplanned outages.

2.0 – Contract Administration

2.1 – Government Point of Contract:

· CO: Contracting Officer: To be determined.

· Administrative (Admin) POC: Denny L Carlson, Denny.Carlson@va.gov, (317) 988-9175

· Site POC: Stephen Poynts, Stephen.Poynts@va.gov, 317 988-2325

2.2 – Coordination Requirements:

· All scheduling of site visits shall be coordinated with the Site POC.

· Administrative issues and/or concerns shall be addressed with the Admin POC first, if not resolved, then maybe passed up to the CO.

· All written communication shall be sent to both the Admin and Site POCs.

· The Contractor shall coordinate all work activities, outages, and sequencing with the Site POC. No work potentially impacting any existing utility service shall be performed without the Site POC’s prior approval.

2.3 – Hours of Work:

· Routine Work: 8:00am to 4:30 pm,(ET), Monday through Friday

· Off hours work: Any hours not within the routine work hours as defined above.

· Disruptive testing or power curtailment work shall be completed during off hours. All work outside of routine business hours shall be coordinated with and approved by the Site POC prior to the initiation of any such work.

2.4 – Federal Holidays:

No work shall be completed during the below listed days except by approval of the Site POC:

· Labor Day

· Columbus Day

· Veteran’s Day

· Thanksgiving Day

· New Year's Day

· Martin Luther King Day

· President’s Day

· Memorial Day

· Independence Day

· Christmas Day

· Juneteenth Day

· And any other day specifically designated by the President of the United States

3.0 – Access, Security and Site Requirements

3.1 – Identification/Badging:

Contractor’s employees shall always wear visible identification while on the premises of the VAMC. Identification shall include, at a minimum, the employee’s name, position, and the Contractor’s trade name.

3.2 – Parking and Site Access It is the responsibility of the Contractor to park in the appropriate and designated parking areas. Parking at the RLR-VAMC shall be limited to only one Contractor vehicle. Unlimited additional parking is available at the Cold Springs site, 2669 Cold Springs Rd, Indianapolis, IN 46222. This site is approximately two miles from the RLR-VAMC. The Contractor shall plan to shuttle his workers back and forth between the Cold Springs Road site and the RLR-VAMC site. Information on parking will be available from the Admin POC. VA will not invalidate tickets or provide reimbursement for parking violations of the Contractor under any conditions.

3.3 – Smoking Policy:

Smoking is prohibited inside all VA buildings and grounds. Smoking shall be performed off-site only.

3.4 – VA Regulations and Conduct Requirements:

· Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.

· Contractor’s employees must treat veterans, their families, VA employees and their colleagues with respect and courtesy always.

· Contractor’s employees must protect the privacy of veterans by ensuring that all Personal Health information (PHI), Personally Identifiable Information (PII) and other sensitive data are handled in compliance with HIPAA and VA policies.

· Contractor’s employees shall familiarize themselves with and follow all RLRVAMC emergency and evacuation procedures.

· Work collaboratively with all VA departments and employees to provide the best service to veterans.

3.5 – Infection Control and Pre-Construction Risk Assessment:

An infection control risk assessment (ICRA) and a Pre-Construction Risk Assessment (PCRA) have been prepared for this work. Copies of both documents are available from the Admin POC. The Contractor shall become familiar with the requirements of these plans and shall ensure that all workers abide by the plan and that the plan’s requirements are fully implemented during the project.

4.0– Applicable Standards The Contractor shall perform the work in accordance with the editions of the codes, standards, directives, and accreditation requirements adopted by the Veterans Affairs, the Centers for Medicare & Medicaid Services, The Joint Commission and the Authority Having Jurisdiction (AHJ). Where the contract expressly identifies a later edition, the later edition shall apply unless its use conflicts with an edition legally adopted by the AHJ.

The following references apply to the extent relevant to the equipment and work included in this contract:

· NFPA 72-2025: National Fire Alarm and Signaling Code

· NFPA 25-2026: Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems

· NFPA 13-2025: Standard for the Installation of Sprinkler Systems.

· NFPA 20-2026: Standard for the Installation of Stationary Pumps for Fire Protection.

· NFPA 101-2024: Life Safety Code.

· NFPA 80: Standards for Fire Doors and Other Opening Protectives.

· NFPA 105: Standards for Smoke Door Assemblies and Other Opening Protectives.

· NFPA 99-2024: Health Care facilities Code.

· Joint Commission: EC.02.03.05, Fire Protection and Suppression Testing and Inspection including applicable Elements of Performance.

· VHA Directive 7715: Safety and Health During Construction, dated June 22, 2023.

· ASME 17.1.

5.0 – Contractor & Personnel Qualifications

5.1 – Contractor Qualifications:

· Have a minimum of five (5) years documented experience performing inspection, testing, maintenance, and repair services on healthcare, institutional, commercial, industrial, or governmental facilities of comparable complexity.

· Have successfully completed at least three (3) projects or service contracts of similar scope within the previous five (5) years.

· Maintain all licenses, registrations, certifications, and permits required by Federal, State of Indiana, and local AHJ.

· Be capable of providing personnel qualified to perform inspection, testing, maintenance, troubleshooting, and repair of both water-based fire protection systems and fire alarm systems.

· Maintain access to replacement parts, test equipment, calibration equipment, and manufacturer technical support necessary to support the systems included under this contract.

· Maintain a quality control program to ensure inspections, testing, reporting, and repairs are performed in accordance with applicable standards.

· Maintain insurance coverage as required by the contract.

· Provide evidence of experience working in occupied healthcare facilities where continuity of operations and infection control considerations are critical.

· The Contractor shall designate a single Project Supervisor responsible for overall contract execution.

5.2 – Supervisor Qualifications:

· Have a minimum of five (5) years experience supervising inspection, testing, maintenance, and repair of fire protection and fire alarm systems.

· Have demonstrated experience coordinating work in occupied healthcare facilities, hospitals, or similar institutional facilities.

· Possess one or more of the following:

NICET Level III or higher in Inspection and Testing of Water-Based Systems and NICET Level III or higher in Fire Alarm Systems; or Equivalent education, licensing, certification, and documented experience acceptable to the Contracting Officer.

· Be knowledgeable of:

NFPA 25

NFPA 72

NFPA 13

NFPA 20

NFPA 80

NFPA 99

NFPA 101

NFPA 105

Applicable Joint Commission requirements

· Be authorized to make decisions on behalf of the Contractor.

· Be available during normal working hours and during scheduled testing activities.

· Review and certify all inspection, testing, deficiency, and repair reports prior to submission to the Government.

· Manufacturer training for the installed systems, when programming, diagnostics, database changes, or proprietary testing functions are required.

5.3 – Worker Qualifications:

· Have a minimum of three (3) years experience performing work on fire alarm systems and water-based fire protection systems.

· Be trained and qualified in the inspection, testing, maintenance, troubleshooting, and repair of fire alarm systems and water based suppression system, and associated devices.

· Possess one or more of the following:

NICET Level II or higher in Inspection and Testing of Water-Based Systems, and Fire Alarm Systems.

Equivalent documented training and experience acceptable to the Government.

· Be familiar with NFPA 25 requirements applicable to assigned work.

· Be familiar with NFPA 72 requirements applicable to assigned work.

· Be capable of identifying deficiencies, impairments, and noncompliant conditions.

· The Contractor may choose to rotate personnel into the job that have either the fire alarm training or the water based training for the work that applies to the worker’s training and/or experience. An induvial worker need not have competencies in both disciplines.

5.4 – Reporting Personnel:

Personnel preparing inspection, testing, maintenance, and deficiency reports shall be knowledgeable of applicable NFPA standards and capable of documenting:

· Type and number of devices tested, number and type of devices passed and failed.

· Number and type of devices that were inaccessible.

· Number and type of devices that were not found.

· Number and types of devices newly found.

· Number and types of devices removed from service.

· Number and types of devices requiring retesting.

· Test methods.

· Deficiencies identified.

· Corrective actions taken.

· Recommended corrective actions.

· Device totals in the detailed testing records, summary reports, deficiency logs, and corrected inventory shall reconcile. Reports containing unexplained differences, blank results, duplicated devices, or devices without a final disposition may be rejected as incomplete.

· See Section 8.0 – Deliverables for further details regarding reports.

5.5 – Government Review:

The Government reserves the right to review and reject personnel whose qualifications, certifications, licenses, training, experience do not meet minimum qualifications as stated above.

6.0 – Performance Requirements

6.1 – General Information:

The work generally involves the inspection, testing and minor repairs of the electrical notification, control, and communication portions of the fire alarm system and the inspection and testing of the “wet” portions of the fire suppression system.

Due to currency requirements, the Base Year testing shall be completed within 90 days of receipt of signed contract.

6.2 – Testing Frequency:

The Contractor shall test all devices and functions at the frequency required by the applicable code, standard, manufacturer, AHJ, and facility policy. Unless a more frequent interval is required, all fire alarm initiating devices, notification appliances, control functions, and system interfaces shall be functionally tested at least annually.

Some devices and system components may require testing, inspection, or verification more frequently than annually. The Contractor shall identify these items in the submitted testing schedule and shall not assume that annual testing alone satisfies all code, accreditation, or facility requirements.

The testing schedule shall identify each device or system function, the required frequency, the governing reference, the date tested, the result, and the next due date. Joint Commission guidance for fire-safety inspection reports includes the activity name, date, inventory of devices or equipment, required frequency, performer information, referenced NFPA standard and edition/section, and results.

Work required to be completed by 01 December of each year:

· Functional testing of all initiating devices, notification appliances, fire panels and interlocks.

· Testing of duct detectors, tamper/flow switches, and relays (must be completed after normal business hours)

· Load testing of batteries and uninterruptable power systems.

· Elevator recall, door holders, damper release verification (must be completed after normal business hours)

· Electronic releasing devices on smoke and fire doors.

· Notification testing from alarm position only on fire pumps and kitchen hoods.

Supplementary work required in June:

· Visual inspection of all devices

· Tamper and flow switch functional testing with pressure documentation Fire Alarm Monitoring:

· 24/7 Underwriters Laboratory (UL) listed central station monitoring service.

· Daily phone line test documentation for both lines.

· Annual transmission testing between both locations

6.3 – Pre-Work Requirements and Submittals Employees of the successful Bidder shall be required to undergo a vetting and verification process to be issued VA access cards. This is a no/low-cost procedure that will allow the “verified” employee broader access within the facility and will minimize the effort required of the maintenance personnel to provide access to locked spaces and allow the Contractor to be more efficient in his on-site operations.

Prior to beginning field testing, the Contractor shall submit the following for approval:

· Proposed test plan and schedule.

· Device inventory or proposed method to reconcile the existing inventory.

· List of anticipated building areas, rooms, panels, risers, and systems to be tested.

· Proposed outage, impairment, and notification requirements.

· Names and qualifications of technicians, supervisor, and testing firm.

· Sample test report format.

· List of special tools, lifts, smoke detector test equipment, heat detector test equipment, meter/test equipment, and calibration records.

· Proposed method for documenting pass/fail results at the individual device level.

· Proposed coordination method with the VA, monitoring company, fire department, police dispatch, engineering, nursing, safety, and other affected services.

· As part of this contract, the testing company is required to obtain and maintain a one-year agreement with a qualified monitoring company. The monitoring company must provide continuous fire alarm system monitoring and ensure prompt notification to the fire department in the event of an alarm.

6.4 – Device Inventory and Reconciliation: The Contractor shall verify the fire alarm device inventory during testing. The inventory shall identify, at minimum:

· Device address or zone

· Device type

· Building

· Floor

· Room number or specific location

· Panel or node

· Circuit, loop, or SLC where available

· Test frequency

· Test date

· Test result

· Deficiency, if any Where the existing inventory is incomplete, inaccurate, or inconsistent with field conditions, the Contractor shall document discrepancies and submit a corrected inventory as part of the final report.

No device shall be recorded as tested unless it has been individually tested, verified, and documented.

6.5 – Functional Testing Requirements: The Contractor shall functionally test each device and system function using methods approved by NFPA 72, the manufacturer, and the AHJ.

Testing shall verify proper operation at the initiating device, fire alarm control unit, annunciator, notification appliance, supervising station, and controlled equipment, as applicable.

Testing shall include confirmation that:

· The correct alarm, supervisory, or trouble signal is received at the fire alarm control panel.

· The correct device address, zone, descriptor, and location are displayed.

· Required notification appliances operate.

· Required control functions operate.

· Required supervisory station signals are transmitted and received.

· Devices restore properly after testing.

No abnormal trouble, supervisory, disabled, bypassed, or ground fault condition remains after testing

6.6 – Deficiencies and Corrective Work: The Contractor shall immediately report to the Site POC any life-safety deficiency, device failure, disabled point, ground fault, communication failure, unresponsive device, incorrect descriptor, unverified control function, or condition that may affect fire alarm system reliability.

The Contractor shall classify deficiencies as follows:

· Critical Deficiency: A condition that impairs alarm initiation, notification, signal transmission, life-safety control function, or system monitoring.

· Non-Critical Deficiency: A condition that does not immediately impair required system operation but requires correction.

· Documentation Deficiency: A missing, inaccurate, or inconsistent inventory, address, location, report, drawing, or device descriptor.

· Access Deficiency: A device or area that could not be tested because of access, occupancy, infection control, safety, or operational limitations. The Contractor shall provide a plan to return and test any devices that have accessibility issues.

Minor repairs include adjustments, cleaning, tightening, reset, replacement of fuses, lamps, labels and incidental parts. Repairs beyond minor repairs shall not be performed unless authorized by the Site POC and CO through separate direction or contract line item.

6.7 – Reporting Requirements: The Contractor shall provide a complete written report after each testing event and a final annual report at completion.

The report shall include:

· Facility name and building.

· Date and time of testing.

· Contractor name and contact information.

· Names and qualifications of personnel performing the work

· Applicable codes and standards, including edition used.

· Complete device inventory.

· Required testing frequency for each device or system function.

· Individual device test results.

· Control function test results.

· Off-site signal transmission results.

· List of deficiencies.

· List of inaccessible or untested devices.

· Corrected device inventory discrepancies.

· Panel abnormal conditions before and after testing.

· Confirmation that the system was restored to normal.

· Signature of Contractor’s qualified representative.

See Section 8.0 – Submittals & Other Deliverables for specific formatting information for the reports. Joint Commission guidance emphasizes that inspection reports should include inventory, frequency, performer information, NFPA standard references, and results.

7.0 – Specific Work Items: See following Tables for full details on all devices to be tested and their locations.

8.0 – SUBMITTALS & OTHER DELIVERABLES

8.1 – Submittals:

Contractor & Personnel:

All as listed under 5.0 above. Submit one electronic copy of each document to Admin POC.

8.2 Reports:

· Contractor shall submit a daily report identifying the work area, the number and type of devices tested including number passed and number deficient. The summary sheet will be reviewed by the Site POC and the Contractor shall justify the reported results.

· Submit a signed, searchable pdf final report documenting all of the items identified as required throughout the SOW.

· Submit an editable Excel workbook identifying devices, locations, addresses, results of the testing, with separate worksheets identifying any deficiencies, failures, any inaccessible devices, devices adjusted and/or repaired or replaced, results of testing after adjustment or repair and any other information required by the Joint Commission.

· The VA may reject any report that does not demonstrate complete reconciliation of the required inventory, individual device level results, completion of applicable system functions and interfaces, identification of all untested or inaccessible items, classification of all deficiencies and confirmation of system restoration. Invoices associated with a testing period may be withheld from approval until the corresponding report has been accepted by both the Site and Admin POC s.

9.0 – Government Furnished Property:

9.1 – Excel Files All of the Tables referenced in this SOW will be made available to the Contractor for their use during the execution of this project. These files contain locations of each device, device addresses, are editable and can be modified for the Contractor’s use for the work of this project.

“The C&A requirements do not apply, and a Security Accreditation Package is not required.”

7.0 - SPECIFIC WORK ITEMS SUMMARY & LOCATION PAGE

RLR Campus

7.1 - Devices location and quantities

7.0 - SPECIFIC WORK ITEMS SUMMARY & LOCATION PAGE

RLR Campus

7.1 - 7.6 Device location and quantities

7.0 - SPECIFIC WORK ITEMS SUMMARY & LOCATION PAGE

Cold Springs Road Location

7.7 - Device location and quantities

36C25027Q0009

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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.