36C25027R0012_1.pdf
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- Attached to
- B533--VANIHCS SPS Water Testing (VA-27-00000760)
- Solicitation number
- 36C25027R0012
About this file
This is a Solicitation/Contract/Order (SF 1449) for Sterile Processing Service Water Testing at the Department of Veterans Affairs Northern Indiana Health Care System. The solicitation is issued by the VA Network Contracting Office 10, with Contracting Officer Eric Sweatt (317-988-1511). The solicitation number is 36C25027R0012, issued October 5, 2026, with an offer due date of November 20, 2026, at 1:30 PM EST. This is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB), with NAICS code 541380 and a size standard of $19 million.
The contract requires comprehensive Sterile Processing System water testing services at three VA locations: Marion, Fort Wayne, and Jackie Walorski VA sites, in accordance with ANSI/AAMI ST108:2023 standards. Services include monthly routine point-of-use (POU) testing, point-of-generation testing, quarterly performance qualification testing, labor, materials, equipment, transportation, and lodging. The contractor must serve as subject matter expert, recommend corrective actions for out-of-range results, provide 24-hour notification of abnormal results, offer consultative support, and provide web-based reporting software for VA end-user access. The contract period consists of a base year (November 1, 2026–October 31, 2027) plus four option years through October 31, 2031. Award is on a firm-fixed-price basis with quarterly invoice submission to the VA Financial Services Center via electronic submission. The estimated contract value is approximately $19 million. Evaluation criteria include technical capability and approach (50%), past performance (20%), and price (30%). SDVOSB limitations on subcontracting require the contractor to perform at least 50% of the work in-house.
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PAGE 1 OF1. 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
610-27-1-6091-0002
36C25027R0012 10-05-2026
Eric Sweatt 3179881511 11-20-2026
13:30 EST
36C250 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240-4628
X 100
X
541380
$19 Million
N/A
X
36C610
Department of Veteran Affairs VA Northern Indiana Health Care System
1700 E 38th St.
Marion IN 46953
36C250
Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240-4628
36C250
Department of Veterans Affairs Financial Services Center Invoices to be submitted electronically https://www.tungsten-network.com
877-489-6135
See CONTINUATION Page
VANIHCS SPS Water Testing (Base 4 option years) The Northern Indiana Healthcare System Marion, Fort Wayne, and Mishawaka VA Clinic require Sterile Processing System Water Testing in accordance with the SOW Contract Info: Eric Sweatt Email: eric.sweatt@va.gov Delivery Services To: See Block 15
This requirement is a 100% set aside for Service Disabled Veteran Owned Small Businesses The VA will require access to the VA contractor records to assessing contractor compliance with the limitations on subcontracting requirement included in VAAR 852.219-75
VA NOTICE OF LIMITATIONS ON SUBCONTRACTING - CERTIFICATE
OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
Proposal must be sent to the CS, via email only. No physical mail will be accepted. Quotes must be received no later than the day/time specified in block 8.
Submission of quote: See 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (DEV AUG 2025)
See CONTINUATION Page
X X
X 1 1 11-20-2026
Shelton Beasley Contracting Officer
36C25027R0012
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 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 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS – SIMPLIFIED
PROCEDURES
C.3 INSTRUCTIONS TO OFFERORS – EVALUATION OF QUOTES
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...46
C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.6 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.8 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR
INFORMATION SYSTEMS (DEVIATION) (NOV 2025)
C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.11 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
C.12 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE
C.13 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)
(MAR 2026)
C.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (OCT 2025) (DEVIATION)
E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)
E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.7 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
E.8 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED
BY REFERENCE (JAN 2008)
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
8888 Keystone Crossing
Suite 325
Indianapolis IN 46240-4628
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 [X]
b. Semi-Annually []
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
STATEMENT OF WORK
Sterile Processing Service ST-108 Testing Requirements Upgrade
The contractor shall provide all the following for testing the water for/within SPS per the ANSI/AAMI ST108:2023 at the Marion, Fort Wayne, and Jackie Walorski VA sites as defined in this Statement of Work (SOW).
A. WORK TO BE PERFORMED:
1. Contractor shall provide all labor, materials, equipment, transportation, lodging, and supervision required to collect appropriate water samples and deliver them to a laboratory qualified to process samples in accordance with AAMI ST108:2023.
2. During each monthly testing visit, the contractor shall calibrate the conductivity/resistivity meter and provide a water analysis report.
3. The contractor shall participate in the multidisciplinary water working group and support the resolution of out-of-range water test results. The contractor shall:
Serves as the subject matter expert on water testing per the ST108:2023 Recommend corrective actions and risk-mitigation measures for out-of-range water test results.
Perform all monthly, quarterly, and annual testing required by AAMI ST108:2023 and this SOW.
Perform performance qualification testing required by AAMI ST108:2023 and this
SOW.
Notify the VA of any out-of-range result within 24 hours after receiving the laboratory result.
Perform follow-up testing, as directed by Engineering, for out-of-range water parameters in accordance with AAMI ST108:2023 and this SOW.
Provide VA end users access to web-based reporting software for reviewing current and historical water testing data and compliance documentation.
Provide clear, organized, and actionable reports that identify all out-of-range results.
4. The contractor shall provide consultative support, as needed, to evaluate abnormal water test results, analyze water systems, and recommend mitigation measures.
AAMI ST108 UTILITY WATER, CRITICAL WATER, AND STEAM TESTING BY VENDOR:
Fort Wayne – Routine (monthly) POU Testing by Vendor
Minimum Frequency of Testing and Testing Range
Water Quality Measurement
Units Type of Testing Routine Sample
Site
Utility
Routine Sample Site
Critical Utility Water Critical Water pH pH pH Meter or Colorimetric dipsticks
Medivator Basin x4
Decon sinks x3
Washer x1
6.5- 9.5
Monthly 5.0- 7.5
Monthly
Ultrasonic x1
Eye Ultrasonic X1
Conductivity uS/cm Conductivity Meter
Medivator Basin x4
Decon sinks x3
Washer x1
Ultrasonic x1
Eye UltrasonicX1
<500 Monthly <10 Monthly
Total Alkalinity mg CaCO3/L
Colorimetric dipsticks or Alkalinity test kit
Medivator Basin x4
Decon sinks x3
Washer x1
Ultrasonic x1
Eye Ultrasonic X1
<400 Monthly <8 Monthly
Total Hardness mg CaCO3/L
Determination of ppm as CaCO3/L by colorimetric dipsticks, titration kit, or handheld meter
Medivator Basin x4
Decon sinks x3
Washer x1
Ultrasonic x1
Eye Ultrasonic X1
<150 Monthly <1 Monthly
Bacteria CFU/mL Heterotrophic Plate Count
(HPC)
NA Decon sinks x3
Medivator Basin x4
Washer x1
Ultrasonic x1
Eye Ultrasonic X1
<500 Monthly <10 Monthly
Endotoxin EU/mL LAL Test NA Decon sinks x3
Medivator Basin x4
Washer x1
Ultrasonic x1
Eye Ultrasonic X1
NA NA <10 Monthly
Fort Wayne – Point of Generation Routine (monthly) Testing by Vendor
Water Quality Units Type of Routine Minimum
Frequency of Testing and
Testing Range
Measurement Testing Sample Site
Critical Critical Water pH pH pH Meter or Colorimetric dipsticks
Loop Supply
Loop Return
5.0- 7.5
Monthly
Conductivity uS/cm Conductivity Meter (in line or measurement of a collected sample)
Loop Supply
Loop Return
<10 Monthly
Total Alkalinity mg CaCO3/L
Colorimetric dipsticks or
Alkalinity test kit
Loop Supply
Loop Return
<8 Monthly
Total Hardness mg CaCO3/L
Determination of ppm as
CaCO3/L by colorimetric dipsticks, titration kit, or handheld meter
Loop Supply
Loop Return
<1 Monthly
Bacteria CFU/mL Heterotrophic Plate Count
(HPC)
Loop Supply
Loop Return
<10 Monthly
Endotoxin EU/mL LAL Test Loop Supply
Loop Return
<10 Monthly
Fort Wayne – Performance Qualification Testing (quarterly) Testing by Vendor Minimum Frequency of Testing and Testing Range
Water Quality Measurem ent
Units Type of Testing
PQ
Sample Site Utility
PQ
Sample Site Critical
PQ
Sampl e Site Steam
Utility Water Critical Water Steam pH pH pH Meter or
Decon sinks
Decon sinks
Steriliz er x2
6.5- 9.5
Quarte rly
5.0
Monthl y
5.0
Quarte rly
Colorimetri c dipsticks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
7.5 9.2
Conductivit y uS/cm Conductivit y Meter
Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Steriliz er x2
<50
Quarte rly
<1
Monthl y
<1
Quarte rly
Total Alkalinity mg CaCO3 /L
Colorimetri c dipsticks or Alkalinity test kit
Decon sinks x4 Medivat or Basin x4
Decon sinks x3 Washer x1 Ultraso nic x1
Steriliz er x2
<40
Quarte rly
<8 Monthl y
<8 Quarte
Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Total Hardness mg CaCO3 /L
Determinat ion of ppm as CaCO3/L by colorimetri c dipsticks, titration kit, or handheld meter
Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Steriliz er x2
<15
Quarte rly
<1 Monthl y
<1 Quarte rly
Total Organic Carbon
(TOC)
mg/L (ppm)
NA Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply
NA NA NA <1.
Quarte
NA NA
Loop Return After
RO
After DI
Aluminum mg/L Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Steriliz er x2
<0.
Quarte rly
<0.
Quarte rly
<0.
Quarte rly
Chloride mg/L Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Steriliz er x2
<25
Quarte rly
<1 Quarte rly
<1 Quarte
Copper mg/L Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Steriliz er x2
<0.
Quarte rly
<0.
Quarte rly
<0.
Quarte rly
Iron mg/L Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Steriliz er x2
<0.
Quarte rly
<0.
Quarte rly
<0.
Quarte rly
Manganes e mg/L Decon sinks x4 Medivat or
Decon sinks x3 Washer x1
Steriliz er x2
<0.
Quarte rly
<0.
Quarte rly
<0.
Quarte
Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Nitrate mg/L Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Steriliz er x2
<10 Quarte rly
<1 Quarte rly
<1 Quarte rly
Phosphate mg/L Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1
Steriliz er x2
<5 Quarte rly
<1 Quarte rly nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Loop Supply Loop Return After
RO
After DI
Silicate mg/L Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Steriliz er x2
<50 Quarte rly
<1 Quarte rly
<1 Quarte rly
Sulfate mg/L Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
Steriliz er x2
<15
Quarte rly
<1 Quarte rly
Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
RO
After DI
Zinc mg/L Decon sinks x4 Medivat or Basin x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter Medivat or 1 Supply Medivat or 2 Supply
Decon sinks x3 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
Steriliz er x2
<0.
Quarte rly
<0.
Quarte rly
<0.
Quarte rly
Bacteria CFU/m L
Heterotrop hic Plate Count
(HPC)
Decon sinks x4 Washer x2 Ultraso nic x2 Eye Ultraso nic X2 City Water Water Softene r Utility
DI
After Carbon Filter
Decon sinks x3 Medivat or basin x4 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
NA <50
Quarte rly
<1
Monthl y
Medivat or 1 Supply Medivat or 2 Supply
Endotoxin EU/mL LAL Test NA Decon sinks x3 Medivat or basin x4 Washer x1 Ultraso nic x1 Eye Ultraso nic X1 Loop Supply Loop Return After
RO
After DI
NA NA NA <1
Monthl y
NA NA
Marion – Routine (monthly) POU Testing by Vendor
Minimum Frequency of Testing and Testing
Range
Water Quality Measurement
Units Type of Testing Routine Sample Site
Critical Critical Water pH pH pH Meter or Colorimetric dipsticks
Decon sinks x1
Washer x1
5.0-7.5 Monthly
Conductivity uS/cm Conductivity Meter Decon sinks x1
Washer x1
<10 Monthly
Total Alkalinity mg CaCO3/L Colorimetric dipsticks or Alkalinity test kit
Decon sinks x1
Washer x1
<8 Monthly
Total Hardness mg CaCO3/L Determination of ppm as CaCO3/L by colorimetric dipsticks, titration kit, or handheld meter
Decon sinks x1
Washer x1
<1 Monthly
Bacteria CFU/mL Heterotrophic Plate Count (HPC)
Decon sinks x1
Washer x1
<10 Monthly
Endotoxin EU/mL LAL Test Decon sinks x1
Washer x1
<10 Monthly
Marion – Point of Generation Routine (monthly) Testing by Vendor
Minimum Frequency of Testing and
Testing Range
Water Quality Measurement
Units Type of Testing
Routine Sample
Site
Critical Critical Water pH pH pH Meter or Colorimetric dipsticks
Supply 5.0- 7.5
Monthly
Conductivity uS/cm Conductivity Meter (in line or measurement of a collected sample)
Supply <10 Monthly
Total Alkalinity mg CaCO3/L
Colorimetric dipsticks or
Alkalinity test kit
Supply <8 Monthly
Total Hardness mg CaCO3/L
Determination of ppm as
CaCO3/L by colorimetric dipsticks, titration kit, or handheld meter
Supply <1 Monthly
Bacteria CFU/mL Heterotrophic Plate Count
(HPC)
Supply <10 Monthly
Endotoxin EU/mL LAL Test Supply <10 Monthly
Marion – Performance Qualification Testing (quarterly) Testing by Vendor Minimum Frequency of Testing and Testing Range
Water Quality Measurem ent
Units Type of Testing
PQ
Sample Site Utility
PQ
Sampl e Site Critic al
PQ
Sampl e Site Steam
Utility Water Critical Water Steam pH pH pH Meter or Colorimetri c dipsticks
Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
6.5- 9.5
Quarter ly
5.0 7.5
Monthl y
5.0 9.2
Quarter ly
Conductivit y uS/cm Conductivit y Meter
Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<50
Quarter ly
<1
Monthl y
<1
Quarter ly
Total Alkalinity mg CaCO3 /L
Colorimetri c dipsticks or Alkalinity test kit
Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<40
Quarter ly
<8 Monthl y
<8 Quarter ly
Total Hardness mg CaCO3 /L
Determinati on of ppm as CaCO3/L by colorimetric dipsticks, titration kit, or handheld meter
Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
Steriliz er x2
<15
Quarter ly
<1 Monthl y
<1 Quarter ly
Utility
DI
After Carbon Filter
DI
Total Organic Carbon
(TOC)
mg/L (ppm)
NA Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
NA NA NA <1.
Quarter ly
NA NA
Aluminum mg/L Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<0.
Quarter ly
<0.
Quarter ly
<0.
Quarter ly
Chloride mg/L Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<25
Quarter ly
<1 Quarter ly
<1 Quarter ly
Copper mg/L Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<0.
Quarter ly
<0.
Quarter ly
<0.
Quarter
Iron mg/L Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<0.
Quarter ly
<0.
Quarter ly
<0.
Quarter ly
Manganes e mg/L Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<0.
Quarter ly
<0.
Quarter ly
<0.
Quarter ly
Nitrate mg/L Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<10 Quarter ly
<1 Quarter ly
<1 Quarter ly
Phosphate mg/L Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<5 Quarter ly
<1 Quarter ly
<1 Quarter
Silicate mg/L Decon Deco Steriliz <50 Quarter <1 Quarter <1 Quarter sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter n sinks x1 Wash er x1 Suppl y After
RO
After
DI
er x2 ly ly ly
Sulfate mg/L Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<15
Quarter ly
<1 Quarter ly
<1 Quarter ly
Zinc mg/L Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
Steriliz er x2
<0.
Quarter ly
<0.
Quarter ly
<0.
Quarter ly
Bacteria CFU/m L
Heterotrop hic Plate Count
(HPC)
Decon sinks x2 Washer x2 Ultraso nic x2 City Water Water Softene r Utility
DI
After Carbon Filter
Deco n sinks x1 Wash er x1 Suppl y After
RO
After
DI
NA <50
Quarter ly
<1
Monthl y
NA NA
Endotoxin EU/mL LAL Test NA Deco n
NA NA NA <1
Monthl y sinks x1 Wash er x1 Suppl y After
RO
After
DI
JWC – Performance Qualification Testing (quarterly) Testing by Vendor Minimum Frequency of Testing and Testing Range
Water Quality Measurement
Units Type of Testing
PQ
Sample Site Utility
PQ
Sample Site Critical
Utility Water Critical Water pH pH pH Meter or Colorimetric dipsticks
Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA 6.5-
9.5
Quarterly 5.0- 7.5
Monthly
Conductivity uS/cm Conductivity Meter
Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <500 Quarterly <10 Monthly
Total Alkalinity mg CaCO3/L
Colorimetric dipsticks or Alkalinity test kit
Decon sink x2 Medivator Basin x4 Water Softener City Water
NA <400 Quarterly <8 Monthly
Total Hardness mg CaCO3/L
Determination of ppm as CaCO3/L by colorimetric dipsticks, titration kit, or handheld meter
Decon sink x2 Medivator Basin x4 Water Softener City Water
NA <150 Quarterly <1 Monthly
Total Organic Carbon
(TOC)
mg/L (ppm)
NA NA NA NA <1.0 Quarterly
Aluminum mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <0.1 Quarterly <0.1 Quarterly
Chloride mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <250 Quarterly <1 Quarterly
Copper mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <0.1 Quarterly <0.1 Quarterly
Iron mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <0.1 Quarterly <0.1 Quarterly
Manganese mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <0.1 Quarterly <0.1 Quarterly
Nitrate mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <10 Quarterly <1 Quarterly
Phosphate mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <5 Quarterly <1 Quarterly
Silicate mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <50 Quarterly <1 Quarterly
Sulfate mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator
NA <150 Quarterly <1 Quarterly
31 Supply Zinc mg/L Decon sink x2 Medivator Basin x4 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
NA <0.1 Quarterly <0.1 Quarterly
Bacteria CFU/mL Heterotrophic Plate Count
(HPC)
Decon sink x2 Water Softener City Water Medivator 30 Supply Medivator 31 Supply
Medivator Basin x4
<500 Quarterly <10 Monthly
Endotoxin EU/mL LAL Test NA Medivator Basin x4
NA NA <10 Monthly
JWC – Routine (monthly) POU Testing by Vendor
Minimum Frequency of Testing and Testing Range
Water Quality Measurement
Units Type of Testing Routine Sample
Site
Utility
Routine Sample
Site
Critical Utility Water Critical Water pH pH pH Meter or Colorimetric dipsticks
Medivator Basin x4
NA 6.5-
9.5
Monthly 5.0- 7.5
Monthly
Conductivity uS/cm Conductivity Meter
Medivator Basin x4
NA <500 Monthly <10 Monthly
Total Alkalinity mg CaCO3/L
Colorimetric dipsticks or
Alkalinity test kit
Medivator Basin x4
NA <400 Monthly <8 Monthly
Total Hardness mg CaCO3/L
Determination of ppm as
CaCO3/L by colorimetric dipsticks, titration kit, or handheld meter
Medivator Basin x4
NA <150 Monthly <1 Monthly
Bacteria CFU/mL Heterotrophic Plate Count
NA Medivator <500 Monthly <10 Monthly
(HPC) Basin x4
Endotoxin EU/mL LAL Test NA Medivator Basin x4
NA NA <10 Monthly
B. SPECIAL WORK REQUIREMENTS:
1. Hours of Operation: Onsite testing is to be conducted on the first Federal working day of the month. Onsite services shall be performed during normal business hours of 8:00 AM to 4:00 PM, Monday – Friday, excluding Federal holidays. Holidays observed are: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day specifically declared to be a holiday by the President of the United States.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBE
R
DESCRIPTION OF
SUPPLIES/SERVIC
ES
QUANTIT
Y
UNI
T UNIT PRICE AMOUNT
0001 1.00 JB ________________
THIS IS FOR A BASE PLUS 4 OPTION YEAR CONTRACT
FOR SPS WATER TESTING CONTRACT. CONTRACTOR
SHALL PROVIDE ALL THE TESTING FOR WATER WITHIN
SPS PER ANSI/AAMI ST108:2023 AT MARION, FORT
WAYNE, AND JACKIE WALORSKI VA SITES. POP: BASE:
11/1/2026-10/31/2027 OY1: 11/1/2027-10/31/2028 OY2:
11/1/2028-10/31/2029 OY3: 11/1/2029-10/31/2030 OY4:
11/1/2030-10/31/2031 Contract Period: Base POP Begin:
POP End:
1001 1.00 JB ________________
THIS IS FOR A BASE PLUS 4 OPTION YEAR CONTRACT
FOR SPS WATER TESTING CONTRACT. CONTRACTOR
SHALL PROVIDE ALL THE TESTING FOR WATER WITHIN
SPS PER ANSI/AAMI ST108:2023 AT MARION, FORT
WAYNE, AND JACKIE WALORSKI VA SITES. POP: BASE:
11/1/2026-10/31/2027 OY1: 11/1/2027-10/31/2028 OY2:
11/1/2028-10/31/2029 OY3: 11/1/2029-10/31/2030 OY4:
11/1/2030-10/31/2031 Contract Period: Option 1 POP Begin:
POP End:
2002 1.00 JB ________________
THIS IS FOR A BASE PLUS 4 OPTION YEAR CONTRACT
FOR SPS WATER TESTING CONTRACT. CONTRACTOR
SHALL PROVIDE ALL THE TESTING FOR WATER WITHIN
SPS PER ANSI/AAMI ST108:2023 AT MARION, FORT
WAYNE, AND JACKIE WALORSKI VA SITES. POP: BASE:
11/1/2026-10/31/2027 OY1: 11/1/2027-10/31/2028 OY2:
11/1/2028-10/31/2029 OY3: 11/1/2029-10/31/2030 OY4:
11/1/2030-10/31/2031 Contract Period: Option 2 POP Begin:
POP End:
3003 1.00 JB ________________
THIS IS FOR A BASE PLUS 4 OPTION YEAR CONTRACT
FOR SPS WATER TESTING CONTRACT. CONTRACTOR
SHALL PROVIDE ALL THE TESTING FOR WATER WITHIN
SPS PER ANSI/AAMI ST108:2023 AT MARION, FORT
WAYNE, AND JACKIE WALORSKI VA SITES. POP: BASE:
11/1/2026-10/31/2027 OY1: 11/1/2027-10/31/2028 OY2:
11/1/2028-10/31/2029 OY3: 11/1/2029-10/31/2030 OY4:
11/1/2030-10/31/2031 Contract Period: Option 3 POP Begin:
POP End:
4004 1.00 JB ________________
THIS IS FOR A BASE PLUS 4 OPTION YEAR CONTRACT
FOR SPS WATER TESTING CONTRACT. CONTRACTOR
SHALL PROVIDE ALL THE TESTING FOR WATER WITHIN
SPS PER ANSI/AAMI ST108:2023 AT MARION, FORT
WAYNE, AND JACKIE WALORSKI VA SITES. POP: BASE:
11/1/2026-10/31/2027 OY1: 11/1/2027-10/31/2028 OY2:
11/1/2028-10/31/2029 OY3: 11/1/2029-10/31/2030 OY4:
11/1/2030-10/31/2031 Contract Period: Option 4 POP Begin:
POP End:
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 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS –
SIMPLIFIED PROCEDURES
(a)North American Industry Classification System (NAICS) code and small business size standard are stated in the combined synopsis/solicitation.
(b)Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on company letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of quotations;
(3) The name, address, and telephone number of the quoter;
(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR
52.212-3(b) for those representations and certifications that the quoter shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.
Quotations that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.
(c)Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation.
(d)Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during testing.
(e)Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.
(f) Late submissions
(1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.
(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.
(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(g)Issuance of purchase order. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order or contract to other than the quoter with the lowest priced quotation.
After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order or contract. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.
(h)Multiple purchase orders. The Government may issue a purchase order or contract for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.
(i) Availability of requirements documents cited in the solicitation.
(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-
GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii)Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii)Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from…
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