36C25526Q0678_1.docx

36C25526Q0678

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

36C25526Q0678 09-25-2026 Kobulnicky, Erika/Erika.Kobulnicky@va.gov 913-946-1991 10-06-2026

12:00 PM

CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X X Y 811210 $34 Million N/A X St. Louis VA Medical Centers: John Cochran Division, 915 North Grand Blvd, St. Louis, MO 63106-1621 and Jefferson Barracks, 1 Jefferson Barracks Dr., St. Louis, MO 63125-4199 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

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 The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation for the preventive maintenance, service, and repairs to the Uninterrupted Power Supply Units and Batteries in accordance with the Performance Work Statement (PWS) at both St. Louis VA Medical Centers.

1. This is a total small business set-aside.

2. This solicitation is for a five (5) Year IDIQ with five twelve-month Ordering Periods: 10/19/2026 -10/18/2031.

Individual task orders will be issued by

NCO

Contracting Officer (CO).

3. This procurement is being competed in accordance with FAR

Part 12 Simplified Acquisition Procedures.

4. Evaluation Criteria: Lowest Price Technically Acceptable

5. Questions due no later than 3 pm, September 29, 2026, CST IMPORTANT: For additional details see B.2 PWS, B.3 Price Schedule and Addendum to FAR 52.212-1 Instructions to Offerors.

See CONTINUATION Page X X X one(1) Buchanan, Lisa A Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT:

Contracting Officer 36C255 Lisa Buchanan/ Lisa.Buchanan1@va.gov Contract Specialist 36C255 Erika Kobulnicky/ Erika.Kobulnicky@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center https:www.fsc.va.gov/einvoice.asp

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

Performance Work Statement Preventative Maintenance, Service, and Repairs to Uninterrupted Power Supply Units and Batteries at the St. Louis VA Health Care System Section 1: General Information

1.1 General: This is a non-personal services contract to provide maintenance, annual preventative maintenance inspections, emergency services, repairs, and battery replacements to uninterrupted power supply (UPS) units for the St. Louis VA Health Care System (STLVAHCS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Period of Performance:

A. Period of performance shall be Five-Year IDIQ with ordering periods, October 19,2026-Ocotber 18, 2031.

1.3 Place of Performance: Services are required at the following locations. The points of contact (POC) for each location are listed. All work must be coordinated with the COR.

John Cochran VAMC 915 N Grand Blvd.

St. Louis, MO 63106 POC: Shane Pettis (314) 652-4100 x51032 Jefferson Barracks VAMC 1 Jefferson Barracks Dr.

St. Louis, MO 63125 POC: Patrick Sanders (314) 652-4100 x66698

1.4 Hours of Operation: All repairs shall be performed during business hours from 8:00 AM to 4:30 PM Monday through Friday, except Federal Holidays. Contractors may work outside normal business hours by arrangement with the COR if such services are provided without additional charge to the government.

1.4.1 Observed Federal Holidays

1.5 Type of Contract: The government will award a Firm Fixed Price IDIQ contract.

1.6 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

1.6.1 Payments: Government only paid for services rendered. Government will not pay on any uncompleted or undelivered work, services, or goods.

Section 2: Definitions & Acronyms

2.1 Definitions:

Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

Subcontractor. One that enters a contract with a prime contractor. The Government does not have a contract with the subcontractor.

Workday. The number of hours per day the Contractor provides services in accordance with the contract.

Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

Section 3: Government Furnished Property, Equipment, and Services

A. This PWS does not have any government furnished equipment. Contractor shall not use any government owned equipment, material, supplies, or tools. Contractor shall furnish all requirements. The government reserves option to terminate the contract if contractor uses government equipment or supplies without written approval from the Contracting Officer and COR.

Section 4: Contractor Furnished Items and Services

A. The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with the contract and all applicable laws and regulations. The contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents to include all notes, explanatory material, and appendixes.

B. The Contractor shall provide one designated point of contact (POC) to the government’s designated representative for coordination of parts delivery, scheduling, and / or maintenance.

C. The contractor shall provide a toll-free telephone number for service calls, which must be answered 24 hours a day, 7 days a week.

D. The contract shall have an inventory of parts and supplies in quantities sufficient to effectively service the resulting contract. The contractor should have an internal inventory system and delivery system for the parts and supplies. The inventory and delivery system must be sufficient to service the contract.

4.1 Contractors Qualifications:

A. Contractor shall have technical training, track records of working experience in Maintenance, Inspection, Testing of UPS and its components in healthcare, industrial, educational and commercial facilities for a minimum of five (5) continuous years.

B. Contractor shall possess certificates on equipment for which work will be performed.

C. Contractor shall have safety training – either on-the-job or classroom type in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S – Electrical and NFPA 70E – Standard for Electrical Safety in the Workplace. Training certifications shall be submitted to the VA Contracting Officer prior to work. If no training certifications are available, the contractor’s employer shall certify that the service technician has met this requirement in writing and submit it to the VA Contracting Officer prior to work.

Section 5: Specific Tasks

5.1 Preventative Maintenance, Repairs and Testing

A. The contractor shall guarantee a 4-hour response time, 24 hours, 7 days a week. Contract shall cover 100% of the labor, supplies, material, electrical components, electronic components, consultation, and travel at no additional cost to the government, excluding external batteries and filter. Contractor shall provide the following preventive maintenance service under this contractor:

1. Inspection, repair, and service 24 hours and 7 days a week of the electronic portion of the UPS shall be performed as needed during the contracted period of maintenance at no additional cost to the government. Remedial maintenance and repairs provided by contractor shall include all parts and labor. All corrective maintenance to UPS and Batteries, if any, shall be in accordance with manufacturers’ recommendations, warranties, and separate agreement, if any.

B. Contractor shall perform a one (1) time battery replacement (80 batteries), and capacitors, and fans during ordering period one year for the Eaton 9390 UPS, Serial# ED273CBB03 located in Bldg. 3 at John Cochran. The batteries will be ML74-12(12V,75Ah) to meet this specific model’s specifications for type, size, and Ah (Amp hour) rating.

C. Contractor shall perform preventative maintenance of the following equipment:

UPS Equipment Covered and Locations

John Cochran

(48 Batteries)

Jefferson Barracks

Timing of Battery Replacement

D. Contractor shall perform the following:

1. Temperature checks on all breakers

2. Connections

3. Inspection of the equipment including subassemblies

4. Wiring harnesses

5. Contacts

6. Rectifier and Inverter snubber boards for discoloration

7. Power capacitors for swelling or leaking oil

8. DC capacitor vent caps that have extruded more than 1/8 IN

9. Record all voltages on module cabinet

10. Record all current on module cabinet

11. Record harmonic trap filter currents

12. Check inverter and rectifier snubbers for burned or broken wires

13. Check all nuts, bolts, screws, and connectors tor tightness (manufacture torque recommendation) and discolorations

14. Check all fuses DC and AC

15. Check fuses on the DE capacitor deck for continuity

16. Perform operational test of the system – transfer unit

17. Perform battery discharge calibrate

18. Record all electronic to system specifications install or perform engineering field charge notices

19. Measure all low voltage power supply levels

20. Measure and record phase to phase input voltage and current

21. Review performance with COR

22. Include all manufacture recommendations

E. Battery maintenance and inspection service:

1. Check integrity of battery cabinet

2. NO-OX grease or oil on all connection

3. Check battery jars for proper liquid levels

4. Check for corrosion on all the terminals and cable

5. Check physical cleanliness of battery room and jars

6. Measure and record DC bus ripple voltage

7. Measure and record total battery float discharge

8. Measure and record individual cell/battery float voltages and overall float voltage

9. Charger output current and voltage

10. AC ripple current and voltage imposed on the battery

11. Ambient temperature

12. Negative terminal temperature of all batteries

13. Include all manufacture recommendations

F. Maintenance Frequency

1. UPS and Batteries shall be inspected, tested, and maintained Semi-Annually and (1) Annual preventative maintenance with report. If contractor misses or fails to conduct the inspection or maintenance within the Semi-Annual timeframe the contractor shall provide a report with reason why inspection or maintenance was missed. Contractor shall perform missed inspection immediately and submit inspection report within 2 weeks (14 days) after inspection has been completed. The government shall not pay for missing semi-annual or annual inspections. The government only pays for services rendered. Contractor shall submit dates for semi-annual and annual inspections within 10 days of award.

2. Fiscal Year is from October 1 to September 30.

G. Contractor will maintain a Log update with date, time, description of work, and technician. Log shall be near or with UPS. Log shall be submitted to COR and Compliance office by the year.

H. Contractor shall provide training on basic use and troubleshooting of each UPS unit listed on the equipment list every six months. Contractor shall schedule training with the COR.

I. Contractor shall maintain drawings, schematics, manuals, and any other appropriate documentation up to date and have copies at UPS. The contractor shall provide any drawing, schematics, manuals, and any other appropriate documentation at no additional cost to the government.

5.2 Site Investigation and Conditions Affecting Work

A. The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and condition of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relive the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

B. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

C. Contractors have the responsibility to make the determination and request a site walk. Failure to perform a site walk shall not relieve the contractor to complete the contract on time and within budget.

5.3 Contract Modifications

A. Throughout the performance of this contract UPS may need to be added or removed from the contract. In the event that the needs change, the Contractor will negotiate with the Contracting Officer to reach a mutually agreeable adjustment to the contract that must be captured in a written modification to the contract.

5.4 Safety:

A. No shorts or tank tops shall be permitted.

B. Contractor shall adhere to OSHA 10 CFR 1910.

C. Contractor shall be responsible for using appropriate PPE when required by the OSHA, NFPA 70E, and VAPAHCS.

D. Safety plan shall be submitted to the COR within 15 days of awarded contract.

5.5 Performance Standards:

A. Contractor shall adhere to the performance standards listed below. Contractor shall adhere to all references in the performance standard to include all notes, explanatory material, and appendixes. The most current edition will be used on all references listed below.

1. NFPA 70E: Standard for Electrical Safety in the Workplace

2. NFPA 99: Health Care Facilities Code

3. OSHA Standard 29 CFR 1910

B. If a dispute between two codes arises, the most stringent code shall be enforced.

C. If contractor has a different code interpretation than the COR then contractor shall have the opportunity to have the Engineering Compliance office review and make decision, which contractor shall accept. The AHJ shall be the Chief of Engineering of STLVAHCS.

5.6 Documentation Requirements

A. The Contractor shall provide reports to the COR.

B. Each report shall include a separate document for each UPS.

C. Submit four (1) hard copies of the completed written report and one CD Rom of the electronic version of the report in Microsoft (i.e. excel, word..) format to the Engineering Compliance Office within seven (7) calendar days of completion of inspection and testing.

5.7 Security Requirements

A. The Certification and Accreditation requirements do not apply, and a Security Accreditation Package is not required for this work.

B. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, VA directives and handbooks as VA personnel regarding information security under VA Handbook 6500.6, Contract Security, Appendix C.

B.3 PRICE/COST SCHEDULE

This is a Five-Year IDIQ Contract with Pricing Periods:

The Guaranteed Minimum: $43,000.00 The Contract Ceiling for the Life of the Contract is: $215,000.00

ITEM INFORMATION

Annual and Semi-Annually Preventative Maintenance and Inspection for UPS and Batteries described in the Performance Work Statement Ordering Period One POP Begin: 10-19-2026 POP End: 10-18-2027

One Time Battery Replacement for Eaton 9390 UPS battery type ML74-12 (12V, 75Ah)

Emergency Repairs not covered under CLIN 0001 to be priced at the time of utilization.

Annual and Semi-Annually Preventative Maintenance and Inspection for UPS and Batteries described in the Performance Work Statement Ordering Period Two POP Begin: 10-19-2027 POP End: 10-18-2028

One Time Battery Replacement for Eaton 93PM-200-4 Seriel#EU263UXX09 Contract Period: Option 1

One Time Battery Replacement for APC SYCF40KF Seriel#PD0736260060

One Time Battery Replacement for APC SYCF40KF Seriel#PD1037160010

One Time Battery Replacement for APC 72-174001-00 Seriel#C11945190033

One Time Battery Replacement for FERRUPS FE12.5KVA Seriel#FE1P3K02757

One Time Battery Replacement for EMERSON NRD91CCSA0A2294 Seriel#M143F0003

Emergency Repairs not covered under CLIN 1001 to be priced at the time of utilization.

Annual and Semi-Annually Preventative Maintenance and Inspection for UPS and Batteries described in the Performance Work Statement Ordering Period Three POP Begin: 10-19-2028 POP End: 10-18-2029

One Time Battery Replacement for Eaton 93PM-200-4 Seriel#EU263UXX09

One Time Battery Replacement for APC SYCF40KF Seriel#PD0736260060

One Time Battery Replacement for APC SYCF40KF Seriel#PD1037160010

One Time Battery Replacement for APC 72-174001-00 Seriel#C11945190033

One Time Battery Replacement for FERRUPS FE12.5KVA Seriel#FE1P3K02757

One Time Battery Replacement for EMERSON NRD91CCSA0A2294 Seriel#M143F0003

Emergency Repairs not covered under CLIN 2001 to be priced at the time of utilization.

Annual and Semi-Annually Preventative Maintenance and Inspection for UPS and Batteries described in the Performance Work Statement Ordering Period Four POP Begin: 10-19-2029 POP End: 10-18-2030

One Time Battery Replacement for Eaton 93PM-200-4 Seriel#EU263UXX09

One Time Battery Replacement for APC SYCF40KF Seriel#PD0736260060

One Time Battery Replacement for APC SYCF40KF Seriel#PD1037160010

One Time Battery Replacement for APC 72-174001-00 Seriel#C11945190033

One Time Battery Replacement for FERRUPS FE12.5KVA Seriel#FE1P3K02757

One Time Battery Replacement for EMERSON NRD91CCSA0A2294 Seriel#M143F0003

Emergency Repairs not covered under CLIN 3001 to be priced at the time of utilization.

Annual and Semi-Annually Preventative Maintenance and Inspection for UPS and Batteries described in the Performance Work Statement Ordering Period Five POP Begin: 10-19-2030 POP End: 10-18-2031

One Time Battery Replacement for Eaton 93PM-200-4 Seriel#EU263UXX09

One Time Battery Replacement for APC SYCF40KF Seriel#PD0736260060

One Time Battery Replacement for APC SYCF40KF Seriel#PD1037160010

One Time Battery Replacement for APC 72-174001-00 Seriel#C11945190033

One Time Battery Replacement for FERRUPS FE12.5KVA Seriel#FE1P3K02757

One Time Battery Replacement for EMERSON NRD91CCSA0A2294 Seriel#M143F0003

Emergency Repairs not covered under CLIN 4001 to be priced at the time of utilization.

B.4 DELIVERY SCHEDULE

St. Louis VA Medica Centers John Cochran 915 North Grand Blvd.

St. Louis, MO 63106-1621 POC: Shane Pettis (314) 652-4100 x51032

Jefferson Barracks 1 Jefferson Barracks Dr.

St. Louis, MO 63125-4199 POC: Patrick Sanders (314) 652-4100 x66698

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

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

(5) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

52.219-6

52.219-28

NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION)

POSTAWARD SMALL BUISNESS PROGRAM REPRESENTATION (DEVIATON)

NOV 2025

NOV 2025

52.222-3 52.223-20

CONVICT LABOR (DEVIATION)

AEROSOLS

NOV 2025

MAY 2024

52.222-50 52.222-54

COMBATING TRAFFICKING IN PERSONS (DEVIATION)

EMPLOYMENT ELIGIBILITY VERIFICATION

NOV 2025

JAN 2025

52.222-62

52.223-2

PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION)

REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS(DEVIATION)

NOV 2025

NOV 2025

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/19/2026 through 10/18/2031.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of to be determined;

(2) Any order for a combination of items in excess of to be determined; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in…