36C25526Q0617 Fire Smoke Auto Door IDIQ RFQ.pdf
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- Solicitation number
- 36C25526Q0617
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RFQ Summary: Fire, Smoke, and Automatic Door Inspection, Maintenance, and Repair Services
This is a Request for Quote (RFQ) for fire, smoke, and automated door inspection, maintenance, and repair services at the Dwight D. Eisenhower VA Medical Center in Leavenworth, Kansas. The solicitation is issued by the Department of Veterans Affairs Network Contracting Office (NCO) 15 under solicitation number 36C25526Q0617, with quotes due October 23, 2026, at 3:00 PM CDT. This is a 100% small business set-aside for firms classified as small under NAICS 541350 (with a $11.5 million size standard) that maintain active SAM registration at the time of offer. The contract is structured as a single-award, firm-fixed-price Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract covering five 12-month ordering periods (60 months total, estimated 11/1/2026 through 10/31/2031). The Government guarantees a minimum of $2,500.00, with a total contract maximum of $750,000.00 across all five ordering periods and an estimated $11.5 million budget ceiling.
The scope of work requires comprehensive inspection and maintenance services for approximately 57 automatic doors and 124 manual fire/smoke-rated door assemblies across multiple buildings. Deliverables include semiannual fire and smoke door inspections per NFPA 80/105 standards, semiannual automatic door inspections and preventive maintenance per ANSI/BHMA A156.10/.19/.38 standards, service call/repair labor during normal business hours and after-hours/weekend availability, and repair parts and materials. All prices must be fully burdened, including labor, supervision, travel, mileage, trip charges, tools, test equipment, consumables, reports, insurance, overhead, and profit. The Government will issue one bulk-funded task order per ordering period covering scheduled inspections and estimated service-call labor blocks, with modifications or additional task orders issued as repairs are needed. Contractor personnel must hold current AAADM certifications for automatic door work and fire door inspector credentials (DHI FDAI, ICC, or equivalent) for manual door inspections. Evaluation criteria include Technical Capability (most important), Past Performance, Price, and Veterans Involvement (SDVOSB/VOSB status), with Technical Capability rated as unacceptable making offers ineligible for award. Responses must include Volume I (Technical and Past Performance, maximum 10 pages) and Volume II (Pricing), submitted separately as searchable PDFs by email to michael.murphy7@va.gov.
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| File | Type | Posted |
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| 36C25526Q0617 Amendment P02 SF30.pdf | ||
| 36C25526Q0617 Amendment 0001.pdf | ||
| 36C25526Q0617 0001.docx | DOCX document |
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Pg. 1 of 59 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
36C25526Q0617 10-07-2026
Murphy, Michael michael.murphy7@va.gov 913-946-1970 10-23-2026
15:00 CDT
36C255
Department of Veterans Affairs
Network Contracting Office (NCO) 15
3450 S 4th Street Trafficway
Leavenworth KS 66048
X 100
X
541350
$11.5 Million
N/A
Dwight D. Eisenhower VA Medical Center
4101 S. 4th St.
Leavenworth KS 66048-5014
36C255
Department of Veterans Affairs
Network Contracting Office (NCO) 15
36C255
Department of Veterans Affairs
Financial Services Center http://www.fsc.va.gov/einvoice.asp
Austin TX
877-353-9791 512-460-5429
See CONTINUATION Page
Fire, Smoke, and Automated Door Inspection, Maintenance and Repair Services.
Contract Type: Indefinite-Delivery, Indefinite-Quantity
(IDIQ)
Ordering Period: Five (5) ordering periods of twelve (12) months each (60 months total).Individual bulk funded task orders will be issued, each funded for up to twelve (12) months.
This is a 100% small business set aside. Offerors must be small under NAICS 541350 and active in SAM at time of offer.
Site Visit is scheduled for Thursday 15 Oct. 26, 0900
Questions are due NLT Friday 16 Oct. 26, 1500 CDT
RFQ Submissions are due Friday 23 Oct. 26, 1500 CDT
See CONTINUATION Page
X One(1)
Murphy, Michael
Contracting Officer
36C25526Q0617
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
B.3 STATEMENT OF WORK (SOW)
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025)
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(APR 2026)
C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION NOV
2025)
C.5 52.216-18 ORDERING (AUG 2020)
C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.7 52.216-22 INDEFINITE QUANTITY (OCT 1995) (DEVIATION NOV 2025)
C.8 CL-120 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.9 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
C.10 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MARCH 2026)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 LIST OF ATTACHMENTS
D.2 WAGE DETERMINATION
D.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
D.4 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42)
SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021) (DEVIATION OCT 2025)
E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (DEVIATION NOV 2025)
E.4 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION NOV 2025)
E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)
(DEVIATION NOV 2025)
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) (DEVIATION NOV 2025)
E.7 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
E.8 852.252-70 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: TBD
b. GOVERNMENT: Contracting Officer 36C255 Michael P. Murphy
Department of Veterans Affairs
Network Contracting Office (NCO) 15
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Monthly in arrears
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment
Requests.
Financial Services Center http://fsc.va.gov/einvoice.asp
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
http://fsc.va.gov/einvoice.asp
B.2 PRICE/COST SCHEDULE
B.2.1 IDIQ Terms
(a) Contract term. This is a single-award, firm-fixed-price (fixed unit price) IDIQ contract with a term of five (5) years (60 months) from award, made up of five 12-month ordering periods.
There are no option years; all five ordering periods are part of the contract. Dates shown below are estimates based on an 11/1/2026 award.
(b) Guaranteed minimum. The Government guarantees a minimum of $2,500.00 for the entire contract term, which will be obligated on the first task order at award. The
Government is not obligated to order more than the guaranteed minimum.
(c) Contract maximum. The total value of all task orders under this contract shall not exceed
$750,000.00 across all five ordering periods.
(d) Estimated quantities. The quantities below are the Government's best estimates for evaluation and planning only. They are not purchased by this contract (see FAR 52.216-22).
Prices offered for each ordering period apply to all orders issued during that period.
(e) Ordering. The Government expects to issue one bulk-funded task order at the start of each ordering period covering the scheduled inspections and an estimated block of service-call labor, with modifications or additional task orders issued as repairs are needed (see
SOW para. 7).
(f) Inventory changes. Door assemblies may be added or removed during performance and will be priced at the CLIN unit price in effect for that ordering period.
(g) All prices shall be fully burdened and include labor, supervision, travel, mileage, trip charges, tools, test equipment, consumables, reports, insurance, overhead and profit. No separate trip, travel or mobilization charges will be paid.
B.2.2 Price Schedule
Offerors shall enter a unit price and amount for every CLIN in every ordering period. CLIN X005
(parts) is a Government-established estimate and shall not be changed; it is included so every quote is evaluated on the same basis.
Ordering Period I Est. POP: 11/1/2026 through 10/31/2027
ITEM NO. DESCRIPTION OF SUPPLIES/SERVICES EST. QTY UNIT UNIT PRICE AMOUNT
0001 Fire and Smoke Door Inspection and Minor
Adjustment. Semiannual inspection, testing, minor adjustment and reporting of manual fire- and smoke-rated door assemblies per NFPA 80/105 (SOW para.
4). 124 assemblies x 2 inspections.
248 EA
0002 Automatic Door Inspection and Preventive Maintenance. Semiannual AAADM inspection, testing, PM and reporting of automatic doors per ANSI/BHMA A156.10/.19/.38 (SOW para. 5). 57 doors x
2 inspections.
114 EA
0003 Service Call / Repair Labor, Normal Hours (Mon-Fri, 8:00 AM - 4:30 PM, excluding Federal holidays), all door types (SOW paras. 6-7).
200 HR
0004 Service Call / Repair Labor, After Hours, Weekends and Federal Holidays, all door types (SOW paras. 6-7).
40 HR
0005 Repair Parts and Materials, ordered by task order or modification from the Contractor's itemized quote (SOW para. 7).
Government estimate, do not change.
1 LOT $30,000.00 $30,000.00
ORDERING PERIOD I TOTAL $___________
Ordering Period II Est. POP: 11/1/2027 through 10/31/2028
ITEM NO. DESCRIPTION OF SUPPLIES/SERVICES EST. QTY UNIT UNIT PRICE AMOUNT
1001 Fire and Smoke Door Inspection and Minor
Adjustment. Semiannual inspection, testing, minor adjustment and reporting of manual fire- and smoke-rated door assemblies per NFPA 80/105 (SOW para.
4). 124 assemblies x 2 inspections.
1002 Automatic Door Inspection and Preventive Maintenance. Semiannual AAADM inspection, testing, PM and reporting of automatic doors per ANSI/BHMA A156.10/.19/.38 (SOW para. 5). 57 doors x 2 inspections.
1003 Service Call / Repair Labor, Normal Hours (Mon-Fri, 8:00 AM - 4:30 PM, excluding Federal holidays), all door types (SOW paras. 6-7).
1004 Service Call / Repair Labor, After Hours, Weekends and Federal Holidays, all door types (SOW paras. 6-7).
1005 Repair Parts and Materials, ordered by task order or modification from the Contractor's itemized quote (SOW para. 7).
Government estimate, do not change.
1 LOT $30,000.00 $30,000.00
ORDERING PERIOD II TOTAL $___________
Ordering Period III Est. POP: 11/1/2028 through 10/31/2029
ITEM NO. DESCRIPTION OF SUPPLIES/SERVICES EST. QTY UNIT UNIT PRICE AMOUNT
2001 Fire and Smoke Door Inspection and Minor
Adjustment. Semiannual inspection, testing, minor adjustment and reporting of manual fire- and smoke-rated door assemblies per NFPA 80/105 (SOW para.
4). 124 assemblies x 2 inspections.
2002 Automatic Door Inspection and Preventive Maintenance. Semiannual AAADM inspection, testing, PM and reporting of automatic doors per ANSI/BHMA A156.10/.19/.38 (SOW para. 5). 57 doors x 2 inspections.
2003 Service Call / Repair Labor, Normal Hours (Mon-Fri, 8:00 AM - 4:30 PM, excluding Federal holidays), all door types (SOW paras. 6-7).
2004 Service Call / Repair Labor, After Hours, Weekends and Federal Holidays, all door types (SOW paras. 6-7).
2005 Repair Parts and Materials, ordered by task order or modification from the Contractor's itemized quote (SOW para. 7).
Government estimate, do not change.
1 LOT
$30,000.00
ORDERING PERIOD III TOTAL $___________
Ordering Period IV Est. POP: 11/1/2029 through 10/31/2030
ITEM NO. DESCRIPTION OF SUPPLIES/SERVICES EST. QTY UNIT UNIT PRICE AMOUNT
3001 Fire and Smoke Door Inspection and Minor
Adjustment. Semiannual inspection, testing, minor adjustment and reporting of manual fire- and smoke-rated door assemblies per NFPA 80/105 (SOW para.
4). 124 assemblies x 2 inspections.
3002 Automatic Door Inspection and Preventive Maintenance. Semiannual AAADM inspection, testing, PM and reporting of automatic doors per ANSI/BHMA A156.10/.19/.38 (SOW para. 5). 57 doors x 2 inspections.
3003 Service Call / Repair Labor, Normal Hours (Mon-Fri, 8:00 AM - 4:30 PM, excluding Federal holidays), all door types (SOW paras. 6-7).
3004 Service Call / Repair Labor, After Hours, Weekends and Federal Holidays, all door types (SOW paras. 6-7).
3005 Repair Parts and Materials, ordered by task order or modification from the Contractor's itemized quote (SOW para. 7).
Government estimate, do not change.
1 LOT $30,000.00 $30,000.00
ORDERING PERIOD IV TOTAL $___________
Ordering Period V Est. POP: 11/1/2030 through 10/31/2031
ITEM NO. DESCRIPTION OF SUPPLIES/SERVICES EST. QTY UNIT UNIT PRICE AMOUNT
4001 Fire and Smoke Door Inspection and Minor
Adjustment. Semiannual inspection, testing, minor adjustment and reporting of manual fire- and smoke-rated door assemblies per NFPA 80/105 (SOW para.
4). 124 assemblies x 2 inspections.
4002 Automatic Door Inspection and Preventive Maintenance. Semiannual AAADM inspection, testing, PM and reporting of automatic doors per ANSI/BHMA A156.10/.19/.38 (SOW para. 5). 57 doors x
2 inspections.
4003 Service Call / Repair Labor, Normal Hours (Mon-Fri, 8:00 AM - 4:30 PM, excluding Federal holidays), all door types (SOW paras. 6-7).
4004 Service Call / Repair Labor, After Hours, Weekends and Federal Holidays, all door types (SOW paras. 6-7).
4005 Repair Parts and Materials, ordered by task order or modification from the Contractor's itemized quote (SOW para. 7).
Government estimate, do not change.
1 LOT
ORDERING PERIOD V TOTAL $___________
TOTAL COST (ALL ORDERING PERIODS) $___________
B.3 STATEMENT OF WORK (SOW)
Fire, Smoke and Automatic Door Inspection, Maintenance and Repair Services
1. Background and Purpose
The Dwight D. Eisenhower VA Medical Center (VAMC), Leavenworth, Kansas, needs inspection, preventive maintenance and repair services for its fire-rated doors, smoke-rated doors and automatic door systems, to keep these life-safety and access systems code compliant and working reliably in an occupied healthcare campus.
2. Scope
The Contractor shall furnish all management, supervision, qualified labor, tools, test equipment, materials, parts, transportation and documentation needed to (a) inspect and make minor adjustments to manual fire and smoke door assemblies, (b) inspect, maintain and repair automatic door systems, and (c) perform repairs ordered under task orders. Work covers the doors in paragraph 13 (Door Schedule): approximately 57 automatic doors and 124 manual fire/smoke door assemblies in Buildings 160, 122, 88/89, 90, 91 and other campus areas. The inventory will be validated with the COR during the first inspection.
3. Applicable Standards
All work shall comply with the latest editions of NFPA 80 (Fire Doors and Other Opening
Protectives), NFPA 101 (Life Safety Code), NFPA 105 (Smoke Door Assemblies), ANSI/BHMA
A156.10, A156.19 and A156.38 as applicable, OSHA 29 CFR 1910 and 1926, NFPA 70E, manufacturer instructions, and VA facility policies.
4. Fire and Smoke Door Inspections (CLIN X001)
4.1 The Contractor shall inspect every manual fire and smoke door assembly twice per ordering period (semiannually), about six months apart, on dates scheduled with the COR.
4.2 Each inspection shall at a minimum: test the door, closer and positive latching from the full open position; inspect frames, hinges, pivots, closers, coordinators, latches, seals, gasketing, astragals, vision lites and labels; check clearances against NFPA 80; and confirm hold-open devices release on fire alarm.
4.3 Minor adjustment and lubrication, and replacement of minor hardware such as screws and fasteners, are included in the CLIN X001 unit price.
4.4 Deficiencies beyond minor adjustment shall be documented with a recommended fix and an itemized repair quote (see para. 7). A door that will not close and latch shall be reported to the COR verbally before the technician leaves the site.
5. Automatic Door Inspection and Preventive Maintenance (CLIN X002)
5.1 The Contractor shall inspect and maintain every automatic door twice per ordering period (semiannually) using AAADM and ANSI/BHMA inspection criteria.
5.2 Each inspection shall at a minimum test operators, controls, sensors, activation devices, safety and stall functions, breakaway/egress, opening and closing speeds and forces, and fire alarm interface; inspect and lubricate tracks, rollers, arms and hardware; check power supplies and battery backups; and verify required signage.
5.3 Adjustments needed to bring a door into ANSI compliance, and replacement of AAADM-required signage, are included in the CLIN X002 unit price. The Contractor shall affix an
AAADM inspection label to each compliant door.
6. Service Calls and Response Time (CLINs X003 and X004)
6.1 The Contractor shall keep a telephone number answered 24 hours a day, 7 days a week, for service requests from the COR or Engineering Service.
6.2 For service calls received by 12:00 PM (noon) local time on a business day, a qualified technician shall be on site the same day before close of business. For calls received after
12:00 PM, or on a weekend or Federal holiday, a technician shall be on site by 10:00 AM the next business day.
6.3 For a life-safety or security emergency (for example, a fire door that will not close and latch, an emergency department or ambulance entrance that will not open, or a door that will not secure), the Contractor shall call back within 1 hour and have a technician on site within
4 hours, any time of day.
6.4 Labor is billed in one-half (0.5) hour increments for time on site, with a one (1) hour minimum per call. Travel time is not billable. After-hours rates (CLIN X004) apply only when the Government asks for work outside normal hours.
7. Repairs (CLIN X005 and labor CLINs)
7.1 Repairs beyond the minor work included in CLINs X001 and X002 will be ordered by task order or modification. Before starting, the Contractor shall give the COR an itemized written quote listing labor hours at the contract rate and each part with its price. Parts prices shall be supported by a manufacturer price list, catalog or supplier invoice on request.
7.2 No repair work may begin until the Contracting Officer issues a task order or modification, except emergency make-safe work under para. 6.3, limited to 4 labor hours and $1,000.00 in parts per occurrence, which shall be documented and submitted for a confirming order within 2 business days.
7.3 Replacement parts shall be new, genuine OEM or equivalent parts that keep the listing and labeling of the door assembly. Repairs to fire-rated assemblies shall not void the assembly label.
7.4 Warranty. Parts are warranted for 12 months and workmanship for 90 days from completion of the repair.
8. Coordination
8.1 Scheduled inspections shall be performed during administrative hours (para. 18) unless the COR asks otherwise. The Contractor shall check in with Engineering Service on arrival and departure.
8.2 Work at emergency department entrances, ambulance bays, operating rooms, sterile processing, pharmacy clean rooms, mental health areas and other sensitive areas shall be coordinated with the COR in advance to protect patient care, infection control, security and emergency egress.
8.3 The Contractor shall notify the COR before taking any door out of service and shall not leave a fire, smoke or required egress door out of service unattended without COR approval.
9. Contractor Qualifications
9.1 All automatic door inspections and repairs shall be performed by technicians with current
AAADM certification who are factory trained on, or have documented experience with, the equipment being serviced.
9.2 Fire and smoke door inspections shall be performed by individuals with knowledge and understanding of the operating components of the assemblies being inspected, as required by NFPA 80, such as DHI Fire and Egress Door Assembly Inspector (FDAI), ICC or equivalent.
9.3 The Contractor shall give the COR copies of current certifications for each technician before that technician first performs work, and keep them current for the life of the contract.
10. Reports and Records
10.1 Within 10 working days after each scheduled inspection, the Contractor shall deliver an inspection report in electronic (searchable PDF and Excel) and paper format showing, for each door: door ID, location, make and model where known, pass/fail, deficiencies, adjustments made, recommended corrective action, inspection date, and the technician's name and certification number.
10.2 Within 15 working days after completing a repair, the Contractor shall deliver a service report showing the door ID, problem found, work performed, parts used, labor hours, test results and the condition the door was left in.
10.3 Reports shall meet NFPA 80 and NFPA 105 record-keeping requirements so they can be used for The Joint Commission and VA life-safety surveys.
11. Acceptance Criteria
Inspected and repaired doors shall be operational and code compliant when the Contractor leaves the site, with any remaining deficiencies documented under para. 4.4 or 7.1. The
Government will monitor performance under the Quality Assurance Surveillance Plan (Section
D) and para. 19. Work that does not meet these standards will be corrected at no additional cost.
12. Security, Safety and Access
12.1 Contractor personnel shall comply with VA identification and access requirements, wear VA-issued or company identification at all times, and follow facility parking, smoking and safety rules.
12.2 The Contractor shall follow OSHA, lock-out/tag-out and VA Infection Control Risk
Assessment (ICRA) requirements. Contractor personnel will not have access to VA information systems or patient information. No Government-furnished property will be provided.
13. Door Schedule
* Automated/Automatic Doors
1. LCN Sing (Dormatic), Single, Bldg. A westside Basement, D0048975
2. Horton BI-part Slider, Bldg. 71 basement tunnel, D0048971-AD21
3. Besam Swing Single, Bldg. A 1st FL entry to Business suite, D0098802-AD26
4. BESAM SWING SINGLE Bldg. A 1st Fl entry to business suited D098802-AD26
5. HORTON AUTO REVOLVER Main Entry Exterior, D0046517 - Ad20
6. HORTON SWING SINGLE Main entry, ADA AD19
7. BESAM SWING SINGLE Women's Clinic - Main Entrance, D0047231 - AD16
8. STANLEY SWING SINGLE Patriot Store Exit, D0047228 - AD10
9. DORMA ED100 SINGLE SWING Patriot Store Entrance, D0047227 - AD9
10. BESAM SWING SINGLE Exit B-1 Exit by B110, D0047229 - AD04
11. BESAM SWING SINGLE West B-1 by B119, D0047230 - AD03
12. GYROTECH SWING SINGLE Bldg. 2nd Floor East Office
13. GYROTECH SWING SINGLE Bldg. B 2nd Floor West Office, D009878 - AD06
14. DETEX SINGLE SWING Pharmacy Clean Room
15. HORTON DBL SWING OR EGRESS, B311 Lab
16. HORTON DBL SWING OR EGRESS, Lab Area, D0098970 - Ad12
17. DORMA ED700 SINGLE SWING, B405 - Men's Restroom, 001-00025- AD14
18. DORMA ED700 SINGLE SWING, B1410 - Women's Restroom, AD13
19. HORTON SWING SINGLE, B146A Podiatry Waiting, Doo98791
20. HORTON SWING SINGLE, B146A Podiatry Interior Waiting, D0098792
21. BESAM SLIDER, ER Main Entry Interior, D0064677-AD37
22. BESAM SLIDER, ER Main Entry Exterior, D0064677 - AD38
23. DORMA ED700 PAIR, ER Hallway entrance, D0048977
24. STANLEY TELESCOPIC SINGLE, Ambulance Entrance, D0048978
25. NORTON AUTO SWING PAIR, Interior Ambulance Bay, D0098793
26. BESAM SWING SINGLE, ER Waiting Room, D0048976
27. BESAM SWING SINGLE, C129B Men's Restroom, D0098795
28. BESAM SWING SINGLE, C129A Women's Restroom, D0098794
29. LCN DBL SWING OR EGRESS(DORO), Endoscopy Entrance, AD40
30. HORTON DBL SWING OR EGRESS, ICU Entrance, AD39
31. BESAM DBL SWING OR EGRESS, X-Ray Entrance, AD51
32. BESAM SWING SINGLE, C510 Men's Restroom, AD46
33. BESAM SWING SINGLE, C508 Women's Restroom, AD45
34. BESAM BI-PART SLIDER, Surgery Entrance, D0047232 AD54
35. BESAM DBL SWING OR EGRESS, Operating Room Entrance by G24, D0098796
36. BESAM DBL SWING OR EGRESS, Operating Room Entrance by C6142, D0098797
37. BESAM SWING SINGLE, Room C602
38. BEAM SWING SINGLE, Room 601
39. DORMA ED100 SINGLE SWING, Bldg. 122 NE Entrance, D0047233
40. HORTON SWING SINGLE, Bldg. 122 NW Entrance, D0047234 AD54
41. HORTON BIPART TELESCOPIC, Bldg. 122 Main Interior, D0047235 AD56
42. HORTON SWING SINGLE, Bldg. 122 Main Exterior, D0047236 - AD57
43. HORTON SWING SINGLE, Bldg. 122 South Hall East Exit, AD55
44. HORTON SWING SINGLE, Bldg. 122 West Greenhouse, AD58
45. HORTON SWING SINGLE, Bldg. 122 East Greenhouse, AD70
46. DORMA ED100 SINGLE SWING, Bldg. 71 Basement Center West Side, D0048972 - AD01
47. HORTON BI-PART SLIDER, Bldg. 71 Basement Tunnel, D0048973 - AD02
48. BESAM SLIDER, Bldg. 160 East Exterior Entrance, D0048969 - AD61
49. BESAM SLIDER, Bldg. 160 East Interior, D0048968 - AD62
50. BESAM SLIDER, Bldg. 160 West Interior, D0048967 AD59
51. BESAM SLIDER, Bldg. 160 West Exterior Entrance, D0048966 - AD60
52. DORMA ED100 SINGLE SWING, Bldg. 160 Mental Exterior, D0046585
53. DORMA ED100 SINGLE SWING, Bldg. 160 Mental Interior, D0046585
54. BESAM BI-PART SLIDER, B-1 Exterior Dock Entrance, AD07
55. DORMA ESA300 TELESCOPIC, B-1 Inner Dock Hallway
56. BESAM SLIDER, Sterile Processing Outer Door
57. BESAM SLIDER, Sterile Processing Outer Door,
* Fire and Smoke Doors (Manual Operations)
Bldg.160
1. SPF1 Stair B160
2. SPD1 Stair 2 B160
3. SPG1 Stair 5 B160
4. SPG1 Stair 6 B160
5. SPD2 Stair 1 B160
6. SPD RM 244 B160
7. SPD2 Stair 2 B160
8. SPG Stair 2 5 B160
9. SPG Stair 2 6 B160
10. SPG Stair 6 B160
11. SPD152 RM B160
12. 160 DH-1-105
13. 160 DH-1-43
14. 160 DH-2-78
15. 160DH-2-48
16. 160 DOM walkway Pair to Hospital
17. 160-G
18. SPF1 stair 4
19. SPD1 Stair 1
20. SPD1 Stair 1
Bldg. 122
1. SPB Stair 2 -B122
2. SPB Stair 1 B122
3. SPB Stair 5 Laundry/Clothing issue
4. SP1 Stair 1 B122 Basement
5. SP1 Stair 1 B122 1st Floor
6. B122 9 and 10 1st Floor
7. SP1 Stair 4 B122 Dinning RM
8. SP1 Stair 3 B122 1st Floor
9. P1 Stair 2 B122 1st Floor
10. SP2 Stair 1B122 2nd Floor
11. SP2 Stair 3 B122 2nd Floor
12. SP2 Stair 2 Stair 4
13. Conference Room 204
14. Waiting Room 220
15. 202A/257 Room 2nd Floor
16. SP3 Stair 1 B122 3rd Floor
17. SP3 Stair 3 and 4 B122 3rd Floor
18. SP Room 320-B122
19. B122 13 and 13
20. Corridor Smoke Doors
21. 304 room South
22. SP3 Stair 4
23. DH 21 6 and 7 2nd floor
24. DH3 1 13 and 14 3rd floor
25. DH 3-7 and 3-8
Bldg. 88/89
1. 88 DH-2-8 and 2-7
2. 88 DH-34 and 3-3
3. 88 DH-1-6 and 1-5
4. 88 DH-1-7 and 1-8
5. 88 DH1-11 and 1-12
6. 88 DH-1-10 and 1-9
7. 88 DH-2-9 and 2-10
8. 88 DH-3-8 and 3-7
9. 88 DH-4-7 and 4-8
10. 88 DH-4-6 and 4-5
11. 88 DH-2-2 and 2-1
12. 88 DH- 3-1 and 3-2
13. SPB1 Stair 1
14. B2 South Exit to Stairs front lobby
15. SPB2 Stair 1
16. SPB2 Stair 2
17. SPB2 Stair 3
18. SPB1 Stair 3
19. SPB3 Stair 1
20. SPB3 Stair 2
21. SPB1 Stair 1
22. SPB1 Stair 2
23. SPB5 Stair 1
24. B4 Stair 1
25. B4 Stair 2
Bldg. 90
1. 90-DH-B3
2. 90-DH-B4
3. 90-DH-1-1 and 1-2
4. 90-DH-2-2 and 2-1
5. 90-DH-3-1 and 3-2
6. 90 DH-B2 and B1
7. 90 DH-1-1 and 1-2
8. 90 DH-2-2 and 2-1
9. 90 DH-3-1 and 2-7
10. A-30 tunnel to bldg. 71
11. 163-DH-2-1 and 2-2 Smoke doors to DOM Elev
12. A Basement Stairwell 2
13. Bldg. A Basement Stair 1
14. SPA 1 Stair 2 B90
15. SPA 1 Stair 1
16. SPA 2 Stair 2
17. SPA 2 Stair 1
18. 88-DH-2-8 and 2-7
19. SPA3 Stair 2
20. SPA3 Stair 1
21. A4 Stair 1
22. A4 Stair 2
23. A5 Stair 1
24. A5 Stair 2
25. A6 Stair 1
26. A6 Stair 2
Bldg. 91
1. 91 DH-1-1 and 1-2
2. 91 DH-1-10 and 1-9
3. 91 DH-2-1 and 2-2
4. 91 DH-3-3 and 3-4
5. 88 DH4-2 and 4-1
6. 91 DH-4-4 and 4-3
7. 91 DH-5-2 and 5-1
8. 91 DH-6-1 and 6-2
9. SS1 Stair 2
10. C1 Stair 3
11. C128 Telecom
12. C1 Stair 2
13. C2 Stair 2
14. C2 Stair 1
15. C2 Stair 3
16. C3 Stair 2
17. C3 Stair 1
18. C3 Stair 3
19. C4 Stair 3
20. C4 Stair 2
21. C4-Stair 1
22. C5 Stair 3
23. C5 Stair 2
24. C5 Stair 1
25. C6 Stair 3
26. C6 Stair 1
27. C6 Stair 2
28. Bldg. 163 DH-2-1 and 2-2
14. Contract Administration Data
All contract administration functions will be retained by the Department of Veterans Affairs.
The Contracting Officer will be 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 will be authorized to make commitments or issue changes that 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 unauthorized, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
15. Contracting Officer’s Representative
In accordance with VAAR 852.201-70, Contracting Officer’s Representative, the COR for this contract will be designated in writing at award.
16. Acronyms and Definitions
CDR: Contract Discrepancy Report. Report issued by the Government to the contractor to document a supply or service found to be unacceptable during contract performance.
CLIN: Contract Line-Item Number. Unit of work (or service) to be performed (or delivered) by the contractor as a pay item.
CO: Contracting Officer. A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.
COR: Contracting Officer’s Representative. An individual, including a Contracting Officer’s
Representative (COR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.
QA: Quality Assurance. Actions taken by the government to assure contracted services meet SOW requirements.
17. Personnel
Non-Personal Services
This is a non-personal services contract. Personnel rendering services under this contract are not subject either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. The Government shall not exercise any supervision or control over the Contractor personnel performing services herein. Contractor personnel shall be accountable solely to the
Contractor who, in turn, is responsible to the Government.
Contractor Compliance with the Immigration and Nationality Act of 1952
The Contractor shall comply with any and all legal provisions contained in the Immigration and
Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by
Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to the Department of Veterans Affairs.
18. Hours of Operation
Business hours for the VAMC follow:
a. Administrative hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.
b. National Holidays: The 11 holidays observed by the Federal Government are:
New Year’s Day;
Martin Luther King Jr.’s Birthday;
Presidents Day;
Memorial Day;
Juneteenth National Independence Day;
Independence Day;
Labor Day;
Columbus Day;
Veterans Day;
Thanksgiving;
Christmas; and any other day specifically declared by the President of the United States to be a national holiday.
(c.) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m.; Monday through Thursday, 4:30 pm – 8:00 am.
19. Quality Control
CONTRACT PERFORMANCE MONITORING. The COR may perform surveillance of services by any of the methods listed below:
a. Observing actual performance;
b. Inspecting the services to determine whether the performance meets the performance standards; and
c. Review of any other appropriate records.
(1) When unacceptable performance occurs, the COR shall inform the Contractor and the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.
When the COR determines formal written communication is required, the COR shall prepare a
Contract Discrepancy Report (CDR), and present it to the contractor program manager. The
Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the
Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The
Government shall review the Contractor corrective action plan to determine acceptability. Any
CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.
(2) In accordance with VAAR 852.201-70, the Government shall periodically evaluate the
Contractor performance by appointing a Contracting Officer’s Representative (COR) to monitor performance to ensure services are received. The Government representative(s) shall evaluate the Contractor performance through inspections of observations, inspection of services or any other form of documentation and all complaints from VA personnel. The Government may inspect as each task is completed or increase the number of quality assurance inspections if deemed appropriate because of repeated failures or because of repeated customer complaints. Likewise, the Government may decrease the number of quality assurance inspections if performance dictates. The
Government Contracting Officer shall make final determination of the validity of customer complaint(s).
(3) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, with no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements at no additional cost to the Government.
20. Contract Security
“The C&A requirements do not apply, and a Security Accreditation Package is not required”.
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT
2025)
(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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR)
FAR
Number
Title Date
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO
THE GOVERNMENT—ALTERNATE I
NOV 2021
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER
RIGHTS
NOV 2023
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-9 PERSONAL IDENTITY VERIFICATION OF
CONTRACTOR PERSONNEL
JAN 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
OCT 2018 (DEVIATION
NOV 2025)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBAR…
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