36C25226Q0514 Solicitation - SAM.gov.pdf
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- J045--Backflow Preventer Testing - Tomah VAMC
- Solicitation number
- 36C25226Q0514
About this file
This is a Request for Quote (RFQ) solicitation issued by the Department of Veterans Affairs (VA) Great Lakes Acquisition Center for backflow preventer testing, repair, and registration services at Tomah VA Medical Center in Tomah, Wisconsin.
The solicitation is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) and is issued under FAR Part 12 for commercial products and services. The contract will be firm fixed price with a base year (11/1/2026–10/31/2027) and four one-year option periods through 10/31/2031. The primary NAICS code is 238220 (Plumbing, Heating, and Air-Conditioning Contractors) with a $19 million size standard. Quotes are due by July 29, 2026 at 10:00 AM local time, with questions due by July 16, 2026 at noon. The contract administration will be handled by the Great Lakes Acquisition Center, and payment will be processed through the VA Financial Services Center in Austin, Texas using electronic funds transfer.
The Performance Work Statement requires the contractor to annually test and recertify 34 backflow preventers at the facility, provide repair services not to exceed 30 hours per year per option period, and pay State of Wisconsin mandated registration fees per backflow preventer. All work must comply with federal regulations, VHA requirements, Wisconsin Administrative Code SPS 382.41, and local codes. The contractor must have an established business with at least two Wisconsin-registered Cross Connection Control Testers on staff and coordinate scheduling with the Contracting Officer's Representative. Deliverables include field service reports, maintenance recommendations, and labor hour documentation. Service labor standards apply under Wage Determination 2015-4929, Revision 31, with equivalent Federal wages at $27.31 per hour plus 30% fringe benefits for plumbers. The evaluation factors are price, technical capability, and relevant experience, with price evaluation including all base year and option period pricing.
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
676-27-1-559-0004
36C25226Q0514 07-08-2026
Freeman, Sonja 205-933-8101 07-29-2026
10:00 AM
36C252 Department of Veterans Affairs
Great Lakes Acquisition Center 115 South 84th Street, Suite 101
Milwaukee WI 53214-1476
X 100
X
238220
$19 Million
N/A
N/A
36C676
Department of Veterans Affairs Tomah VA Medical Center 500 E. Veterans Street
Tomah WI 54660-3105
36C252
Department of Veterans Affairs Great Lakes Acquisition Center 115 South 84th Street, Suite 101
Milwaukee WI 53214-1476
Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971
See CONTINUATION Page
Backflow Preventer Testing and Recertification Tomah VA Medical Center - Tomah, WI
Service Contract Labor Standards Statute applies.
Wage Determination No.: 2015-4929, Revision No. 31
See CONTINUATION Page
676-3670162-559-854100-2543 010055590
X 1
36C25226Q0514
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)
OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN
PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED
FOR AWARD.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
CONTRACTOR NAME _____________________________________
ADDRESS ________________________________________________
CITY-STATE-ZIP __________________________________________
POINT OF CONTACT/TITLE ________________________________
PHONE NUMBER ______________________________________
FAX NUMBER ______________________________________
E-MAIL ADDRESS ______________________________________
SAM UEI NO. ____________________________________________
CAGE CODE _____________________________________________
CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT
(IF DIFFERENT THAN ABOVE):
NAME: __________________________________________
EMAIL ADDRESS:_________________________________
b. GOVERNMENT: CONTRACTING OFFICE CODE: 36C252
DEPARTMENT OF VETERANS AFFAIRS
GREAT LAKES ACQUISITION CENTER
115 S. 84TH ST., STE 100
MILWAUKEE WI 53214
2. FAR OVERHAUL (RFO): The Federal Acquisition Regulations (FAR) are undergoing the most thorough revision in their history, known as the Revolutionary FAR Overhaul (RFO). Accordingly, references to the updated regulations will be cited as RFO, rather than FAR, e.g., RFO 52.212-4 instead of FAR 52.212-4. The RFO may be found at RFO.
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide
3. ACQUISITION OF COMMERCIAL ITEMS: This Request for Quote (RFQ) solicitation is issued under the authority of Revolutionary FAR Overhaul Part 12 - Acquisition of Commercial Products and Commercial Services. FAR Part RFO 14 and RFO 15 will not be used. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.
(Note: The terms “offeror” and “quoter” are both used in this Solicitation. For the purposes of this Solicitation, these terms are interchangeable; there is no difference in meaning between the two.)
4. SET-ASIDE (If any): See box 10 of STANDARD FORM 1449.
5. SOLICITATION TIMELINE SUMMARY:
A. RFQ QUESTIONS:
In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to Contract Specialist SONJA.FREEMAN@va.gov no later than THURSDAY JULY 16, AT NOON LOCAL TIME.
Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days to all parties.
B. SOLICITATION CLOSES/QUOTES DUE:
See box 8 of STANDARD FORM 1449 or most recent Amendment.
C. SUBMISSION OF QUOTE:
See 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services and addendum for specific instructions to offerors.
6. INVOICES: Use of the invoicing procedures set forth in this Contract are mandatory and supersede any other invoicing procedures otherwise used by the contractor. The contractor is responsible for the proper, timely submission of all invoices for work that has been completed under this Contract and accepted by the Government. Invoice payment, including the calculation of late fees when applicable, shall be conducted in accordance with current Department of Veterans Affairs policies and procedures at the time an invoice is submitted. Under no circumstances will a late payment be grounds for termination of this Contract.
a. Electronic Submission of Invoices: Invoices must be submitted after all work is completed for stand-alone Contracts or monthly in arrears for long-term Contracts, in accordance with: VAAR 852.232-72 Electronic Submission of Payment Requests. Invoices shall not be submitted for work not yet performed.
b. Payment in Arrears: Payment will be made in arrears upon receipt of a properly prepared invoice.
Advance payment for work not yet performed is not authorized under this Contract.
c. Electronic Accounts: Before an invoice can be submitted or payment rendered, all contractors must establish a payment account with the Department of Veteran Affairs Financial Services https://sam.gov/
Center (VAFSC) and register with the Tungsten Network for free electronic submission of invoices.
1. VAFSC Payment Account: A VAFSC payment account is established via the VAFSC Customer Engagement Portal at VAFSC Customer Engagement Portal. For assistance, VAFSC customer service is available at (877) 353-9791, option 2, or e-mail at vafsccshd@mail.va.gov.
2. Tungsten Network: Registration with the Tungsten Network may be accomplished at Tungsten Network Registration. Additional information and assistance may be found at Introduction - Simplified Invoicing with the Tungsten Network. Tungsten Network support is available at (877) 489-6135 or e-mail at VA.Registration@Tungsten-Network.com.
Contractors shall submit an electronic invoice by the tenth (10th) of the following month services were performed or goods delivered via the Tungsten Network through the website at Tungsten Network Portal.
d. Invoice Contents: All invoices must reference the contractor’s name and address, customer name, Contract number, appropriate obligation/funding order number, description of services or supplies provided, quantity, unit price, and total invoice amount (any additional info). Invoices must also include any payment discount terms.
e. Electronic Payment: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management
7. NONPERSONAL SERVICES CONTRACT: This Contract is a nonpersonal services contract, as defined in FAR 37.101. VA personnel will not exercise any supervision or control over Contractor personnel performing work under this Contract. Such personnel shall be accountable solely to the Contractor, which in turn is responsible to the Government for execution of the services under this Contract.
8. CONTRACTING OFFICER AUTHORITY: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.
9. FACILITY REQUIREMENTS: In addition to any other requirements set forth in this Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the Contractor”), shall comply with the following facility requirements. Failure to comply with these requirements shall be considered a material breach of this Contract and may be a violation of Federal law resulting in charges answerable in the United States District Court.
https://www.cep.fsc.va.gov/ mailto:vafsccshd@mail.va.gov https://registration.tungsten-network.com/start https://us.tungsten-network.com/customer-campaigns/veteransaffairs/ mailto:VA.Registration@Tungsten-Network.com https://portal.tungsten-network.com/Login.aspx
a. Contractor is responsible to follow all on-site facility policies.
b. All VA property is considered Federal property, and all Federal laws are applicable.
c. It is the responsibility of the Contractor to park in the appropriate designated parking areas.
Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.
d. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search.
Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
e. All contractor personnel are required to adhere to all VA rules and regulations.
f. Smoking is prohibited on the entire campus, both inside and outside the VA Facility.
g. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
h. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.
10. SECURITY & PRIVACY CONTROL: Contractors shall coordinate all badging, background checks, and fingerprinting with the COR or otherwise designated facility point of contact. Reference VA Handbook 0710, VA Handbook 0735, VA Directive 0735.
11. RECORDS MANAGEMENT OBLIGATIONS:
a. Applicability: This section applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
b. Definitions: “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal Record:
1. includes VA records;
2. does not include personal materials;
3. applies to records created, received, or maintained by Contractors pursuant to their VA contract; and
4. may include deliverables and documentation associated with deliverables.
c. Requirements:
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. The facility and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the facility or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the facility. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in this Contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the facility’s control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in this Contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and the facility’s guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with the facility’s policy.
8. The Contractor shall not create or maintain any records containing any non-public facility information that are not specifically tied to or authorized by the Contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The facility owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which the facility shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training.
The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. The facility, in coordination with the COR/POC, will provide any required training under this subparagraph.
d. Flow-down of requirements to Subcontractors:
1. The Contractor shall incorporate the substance of this section, its terms and requirements including this paragraph, in all subcontracts under this Contract and require written subcontractor acknowledgment of same.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
B.2 PRICE SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
34.00 EA __________________ __________________
Backflow Preventer Test and Recertification: Provide all equipment, material, labor, travel costs and supervision to annually test the backflow preventers located at the Tomah VA Medical Center.
Contract Period: Base Year Period of Performance: 11/1/2026 -10/31/2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment
30.00 HR __________________ __________________
Repair Services (Labor): In the event of a backflow preventer failure, the contractor shall provide repair services in accordance with the Statement of Work. Contractor shall not exceed 30 hours of repair per period of performance.
Contract Period: Base Year Period of Performance: 11/1/2026 -10/31/2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal
Services to be performed as needed. Government will provide repair parts.
REGISTRATION FEE: State of Wisconsin Mandated Registration fee per backflow preventer.
Contract Period: Base Year Period of Performance: 11/1/2026 -10/31/2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and material, labor, travel costs and supervision to annually test the backflow preventers located at the Tomah VA Medical Center.
Contract Period: Option Year 1 Period of Performance: 11/1/2027 -10/31/2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors
PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal contractor shall provide repair services in accordance with the Statement of Work. Contractor shall not exceed 30 hours of repair per period of performance.
Contract Period: Option Year 1 Period of Performance: 11/1/2027 -10/31/2028 backflow preventer.
Contract Period: Option Year 1 Period of Performance: 11/1/2027 -10/31/2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and material, labor, travel costs and supervision to annually test the backflow preventers located at the Tomah VA Medical Center.
Contract Period: Option Year 2 Period of Performance: 11/1/2028 -10/31/2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and contractor shall provide repair services in accordance with the Statement of Work. Contractor shall not exceed 30 hours of repair per period of performance.
Contract Period: Option Year 2 Period of Performance: 11/1/2028 -10/31/2029 backflow preventer.
Contract Period: Option Year 2 Period of Performance: 11/1/2028 -10/31/2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors
PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal material, labor, travel costs and supervision to annually test the backflow preventers located at the Tomah VA Medical Center.
Contract Period: Option Year 3 Period of Performance: 11/1/2029 -10/31/2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and contractor shall provide repair services in accordance with the Statement of Work. Contractor shall not exceed 30 hours of repair per period of performance.
Contract Period: Option Year 3 Period of Performance: 11/1/2029 -10/31/2030 backflow preventer.
Contract Period: Option Year 3 Period of Performance: 11/1/2029 -10/31/2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and material, labor, travel costs and supervision to annually test the backflow preventers located at the Tomah VA Medical Center.
Contract Period: Option Year 4 Period of Performance: 11/1/2030 -10/31/2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and contractor shall provide repair services in accordance with the Statement of Work. Contractor shall not exceed 30 hours of repair per period of performance.
Contract Period: Option Year 4 Period of Performance: 11/1/2030 -10/31/2031 backflow preventer.
Contract Period: Option Year 4 Period of Performance: 11/1/2030 -10/31/2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and
GRAND TOTAL __________________
[Remainder of Page Intentionally Left Blank – End of Section B.2]
B.3 PERFORMANCE WORK STATEMENT
BACKFLOW PREVENTER TESTING, REPAIR, AND REGISTRATION
Contractor shall provide all equipment, material, labor, travel costs and supervision to annually test, repair, and register the backflow preventers located at the Tomah VA Medical Center (Tomah VAMC), according to this Performance Work Statement.
1. SCOPE
A. Contractor shall annually test and re-certify thirty-four existing backflow preventers/cross connection controls/devices, located throughout the campus of the Tomah VA Medical Center.
See Table 1- Schedule of Backflow Preventers below for details.
1) Currently the Tomah VAMC has 34 existing backflow preventers. In the event of the installation of new backflow preventers with new construction in the future, the Contractor shall be responsible for the testing and re-certifying of any newly installed backflow preventers at the current contract rates, through contract modification, with a not to exceed total backflow preventer quantity of 45 for the duration of this contract.
2) In the event of a backflow preventer failure, the Contractor shall provide repair services, at the agreed upon hourly rate, up to, but not to exceed 30 hours of repair services labor per year, for the Base Year, and each subsequent Option Year, for the life of the contract. All required repairs noted in this paragraph shall take place within a 24-to-48-hour time period at the maximum. All repair parts will be provided by the Tomah VA Medical Center.
B. Testing shall be in accordance with all applicable Federal regulations, Veterans Health Administration (VHA) requirements and/or directives, State of Wisconsin Administrative Code SPS 382.41- Cross Connection Control, and Local codes and regulations.
C. State of Wisconsin mandated backflow registration fee shall be provided by the Contractor.
D. Any changes to this PWS shall be authorized and approved only through written modification of this contract from the Contracting Officer (CO) in coordination with the Contracting Officers Representative (COR). Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.
E. Notwithstanding, the Contractor shall perform no additional work without the prior written authorization of the Contracting Officer. Any additional work, which may be performed by the Contractor without this approval, will be performed by the Contractor at no additional cost to the Government.
Table 1: Schedule of Backflow Preventers
Count PTO/Plan Review
Number
Regulated
Object ID
Issue Date Bldg. Expire
Date
Location on Property
Serving Device Type Serial # Assembly
Type
Size
1 PL-082102150-
PTOICCN
8/19/2021 452 5/11/2022 452- RM 15241 STERIS WASHER-
COLD
WATTS LF 008 39729 1/2"
2 PL-082102151-
PTOICCN
8/19/2021 452 5/11/2022 452- RM 15241 STERIS WASHER-HOT WATTS LF 008 39727 1/2"
3 PL-082102152-
PTOICCN
8/19/2021 452 5/11/2022 452- RM 15241 STERIS WASHER-HOT WATTS LF 008 39728 1/2"
4 PL-082102153-
PTOICCN
8/19/2021 452 5/11/2022 452- RM 15241 STERIS WASHER-
COLD
WATTS LF 008 39726 1/2"
5 PL-082102154-
PTOICCN
8/19/2021 452 5/11/2022 452 R.O. SKID WATTS LF 919 90129 3/4"
6 PL-082102155-
PTOICCN
8/19/2021 452 8/6/2022 452 BOILER MAKE UP WATTS LF 919 91459 3/4"
7 PL-082102156-
PTOICCN
8/19/2021 452 8/6/2022 452- Rm 15208 STERIS UNIT 3173 1"
8 PL-082102157-
PTOICCN
8/19/2021 452 8/6/2022 452- Rm 15208 STERIS WASHER
UNIT
13151 1"
9 PL-021204165-
PTOICCH
1359115 3/30/2012 401 8/12/2022 BASEMENT
MECHANICAL
ROOM
CHILLER AND
HEATING
SYSTEM
WATTS 957 LF-2413 RP 3"
10 PL-031405283-
PTOICCH
1473021 4/1/2014 409 8/12/2022 BASEMENT
WATER
ENTRANCE
AIR CONDITIONER WATTS 909QT 49140 RP 3/4"
11 PL-031405287-
PTOICCH
1473026 4/1/2014 410 8/12/2022 BASEMENT
WATER
ENTRANCE
AIR CONDITIONER WATTS 919QT 45896 RP 3/4"
12 411 GARAGE DOMESTIC WATTS 009M2 114082 RP 2"
13 411 GARAGE DOMESTIC WATTS 009M2 114083 RP 2"
14 412 GARAGE DOMESTIC WATTS 009M2 117048 RP 2"
15 412 GARAGE DOMESTIC WATTS 009M2 121550 RP 2"
16 PL-000057757-
PTOICCN
524938 10/6/1998 403 8/12/2022 BLDG 403 RM 1
BSMT
HVAC MAKE-UP WATTS 909 206313 RP 1"
17 PL-081324018-
PTOICCN
1445127 8/15/2013 406 8/12/2022 BLDG 406 BSMT
EQUIP RM
IRRIGATION WATTS 919 15907 RP 1 1/2"
18 PL-000057205-
PTOICCN
524386 10/6/1998 406 8/25/2021 BLDG 406 BSMT
EQUIP RM
VACUUM PUMPS WATTS 909 79420 RP 1"
19 PL-
032001699
8/25/2020 408 BLDG 408
BASEMENT
HVAC MAKE-UP WATTS
LF909QT
51822 RP 1"
20 PL-000065112-
PTOICCN
532293 10/6/1998 415 8/12/2022 BLDG 415 BSMT HVAC MAKE-UP WATTS 009QT 59181 RP 1"
21 PL-021103660-
PTOICCH
1300066 2/10/2011 415 8/12/2022 BLDG 415 MAIN
FLOOR
WATER SOFTENER,
BOILER
MAKE-UP
WATTS 909 434428 RP 1 1/4"
22 PL-000057208-
PTOICCN
524389 10/6/1998 415 8/25/2021 BLDG 415 TANK
DECK
HVAC MAKE-UP WATTS 909 138620 RP 2"
23 PL-000064460-
PTOICCN
531641 10/6/1998 415 8/12/2022 BLDG 415 UPPER
DECK
EMERGENCY BOILER
WATER
WATTS 009 2913 RP 3"
PL-000057201-
524382
10/6/1998
8/12/2022
BLDG 424
PENTHOUSE
EQUIP
RM W
HVAC MAKE-UP
WATTS 909
63119
RP
1"
25 PL-000057204-
PTOICCN
524385 10/6/1998 424 8/12/2022
BLDG 424 RM
149 REFR
EQUIP RM
REFRIGERATION
EQUIPMENT WATTS 909 89354 RP 1 1/2"
26 PL-111637904-
PTOICCN
1664115 11/30/2016 455 8/12/2022 BLDG 455 MECH
ROOM
BATHROOM
POTABLE
WATTS 919 28234 RP 2"
27 PL-000068715-
PTOICCN
535896 10/6/1998 402 8/12/2022 BSMT CENTER
BLDG
HVAC MAKE-UP WATTS 009 44789 RP 1"
28 PL-111846639-
PTOICCN
1804409 11/7/2018 404 8/12/2022 BUILDING 404 HVAC MAKE-UP WATTS 909QT 42999 RP 1"
29 PL-090802278-
PTOICCH
1199149 11/14/2008 15 8/12/2022 GYM BOILER
ROOM
BOILER WATER
MAKE-UP
WATTS 009QT 163345 RP 1/2"
30 PL-041426389-
PTOICCN
1480116 4/17/2014 260 8/12/2022 MECH ROOM,260,
CARWASH
CAR WASH
EQUIPMENT
WATTS 919 23591 RP 2"
31 PL-070500282-
PTOICCH
1027801 8/3/2005 400 8/12/2022 N WALL
BASEMENT
MECH RM
BLD400
MAKEUP WATER TO
CHILLED WATER
SYSTEM
WATTS 909 573946 RP 1"
32 PL-021115116-
1300067 2/10/2011 400 8/12/2022 PENTHOUSE HVAC MAKE-UP WATTS 009M3 162120 RP 3/4"
PL-070500281-
PTOICCH
1027791
8/3/2005
8/12/2022
S WALL
BASEMENT
STAIR
WELL
BACKUP
CHILLER
CONDENSER
WATER
SUPPLY
WATTS 909B
200008
RP
4"
34 400 LAB- RM 2055E WATER SUPPLY WATTS
SS009M3
9437 RP 3/4"
2. SERVICE HOURS AND FEDERAL HOLIDAYS
A. Normal hours of coverage are Monday through Friday from 7:30 am to 4:30 pm, excluding Federal Holidays. The precise day a Federal Holiday is observed is available at U.S. Office of Personnel Management: Federal Holidays. All work shall be performed during normal hours of coverage unless otherwise requested or approved by the COR or their designee.
B. All contract work shall be on a date and time mutually agreed upon between the Contractor and the COR.
C. Federal Holidays observed by the VAMC are:
New Years’ Day Independence Day Christmas Day
Columbus Day Labor Day Martin Luther King Day
Memorial Day Presidents’ Day Veterans’ Day
Juneteenth Thanksgiving Day
3. GENERAL INFORMATION
A. Compliance with General Safety Regulations:
1) All Contractors and Subcontractors performing services for the Government shall comply with all Occupational Safety and Health Administration (OSHA), State, County and Municipal Safety and Occupational Health Standards and any other applicable rules and regulations. All Contractors and Subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
2) All ladders, scaffolding, tools, equipment, personal protective equipment, etc. shall be OSHA-approved for the work to be performed. Contractor shall use caution signs as required by OSHA Regulations. Caution signs shall be on-site on commencement of Contract.
3) The Contractor shall coordinate all dates for annual testing with contract COR.
4) The contractor’s FST (Field Service Technician) shall contact the COR/POC prior to performing service at this location and shall communicate to the COR of their presence on the Tomah VA Medical Center campus.
5) The contractor shall obtain all other necessary licenses and/or permits required to perform all work under this contract.
6) Contractor is responsible for replacing any items damaged by the contractor, sub-contractor, their employees, or equipment at no extra charge to the Government.
7) Contractor shall not interrupt any utility service while performing under this contract.
https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview
8) Contractor personnel must conduct their work in a manner that does not interfere with the normal functions of the facility and will stop work if asked by the CO/COR as required if interruptions do occur.
9) The Contractor is responsible for supplying, completing, and submitting all reports required or requested by any additional Federal, State, or local codes as they pertain to any work performed under this contract.
4. CONTRACTING OFFICER’S REPRESENTATIVE (COR): Scheduling of work shall be arranged with the designated points of contact and in the following order: contract COR (Contracting Officers Representative) or contract ACOR (Alternate Contracting Officers Representative). Contact information for COR and ACOR will be provided at time of award.
5. COMPETENCIES AND QUALIFICATIONS OF PERSONNEL SERVICING EQUIPMENT:
A. Each respondent must have an established business, with an office and staff; The staff shall include a Field Service Technician (FST), and a second FST who will serve as the backup.
B. Every FST shall hold, at a minimum, a registration, issued by the State of Wisconsin Department of Safety and Professional Services (SPS) as a registered Cross Connection Control Tester.
Contractor shall present said registration(s) at the time the quote is submitted.
6. ORIENTATION FOR CONTRACTOR EMPLOYEES:
A. The Contractor will attend an orientation meeting as arranged by the Contracting Officer's Representative (COR). The VA will schedule this meeting, and it will include discussion of the following topics (VA will provide information to the contractor regarding these topics and will document the meeting):
• Fire and Safety
• Infection control
• Disaster procedures - Other
B. The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above.
7. CONTRACT DELIVERABLES: The Contractor shall provide to the COR, after completion of work, at a minimum, the following deliverables:
A. All Field Service Reports and completed inspection checklists as they apply. See example Table 2 below indicating minimum reporting requirements.
B. Contractor shall provide all maintenance recommendations that may result from service and inspections performed under this Performance Work Statement.
C. Contractor shall provide, for the base year, and each subsequent option year, ongoing documentation of labor hours expended and balance remaining for each year as they relate to this
Performance Work Statement. Each time hours are expended, the updated documentation shall be sent to the contract COR/ACOR for review and acceptance. See example in Table 3 below.
Table 2: Minimum Reporting Requirements
Date of Inspection
Certification Expiration Date:
Building Number
Location within Building
Device Serves
Device Manf./Model
Device
SN #
Assembly Type
Size
*3/31/23 *3/31/24 *15 *Gym Boiler Room
*Boiler Make-up Water
*Watts
009QT
*163345 *RP *½”
* Examples only
Table 3: Documentation of Labor Hours
Date Work Was Performed
Description of Repair
Backflow Preventer Device SN # and Location
Beginning Hourly Balance
Hourly Time Expended
Hourly Time Remaining Balance
*3/31/27 *Backflow Leak Repair
*SN#
1111/B400
*30 Hrs. *2 Hrs. *28 Hrs.
* Examples only
8. SECURITY REQUIREMENTS
A. All Contractor FST’s (Field Service Technician(s)) shall obtain contractor ID badges from the COR. Identification shall be worn visible always by the Contractor and all FST’s while on premises. Contractor shall coordinate with COR to acquire said identification badges.
B. During normal working hours of operation, Monday through Friday, the contractor shall check in with the COR/Tomah VAMC (Veterans Affairs Medical Center) POC (Point of Contact) when arriving to perform work and check out with the COR/Tomah VAMC POC when work/workday is complete.
C. During other than normal hours of operation, the contractor shall sign in and out with the Fire Department located at the east end of B36.
D. It is the responsibility of the Contractor to park in the appropriate designated parking areas.
Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.
E. Effective January 1, 2019, smoking is prohibited both inside and outside (entire campus) at the
VAMC.
F. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
9. PLACE OF PERFORMANCE
Tomah VA Medical Center, B415, 500 E. Veterans St., Tomah, WI. 54660.
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…
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