36C25626Q0261- RFQ.pdf

PAGE 1 OF1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C25626Q0261

Marcus Gasper marcus.gasper@va.gov 01-19-2026

10:00 AM CST

Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531

X 100

X

333924

900 Employees

N/A

X

Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531

Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

1-877-489-6135

See CONTINUATION Page

Provide the replacement and install of loading dock equipment as listed in SOW.

There will not be a site visit for this the equipment is located behind Building 1 in an open access area.

All questions must be submitted no later than 12JAN26 by email before 10:00 AM (CST).

Contract type will be Firm Fixed Price (FFP).

Please pay close attention to Addendum to FAR 52.212-1 Instructions to Offerors (Section E.2).

See CONTINUATION Page

X andrew.misfeldt

36C25626Q0261

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.3 52.247-25 GOVERNMENT-FURNISHED EQUIPMENT WITH OR WITHOUT

OPERATORS (APR 1984)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs

Gulf Coast Veterans Health Care System

Network Contracting Office 16

400 Veterans Avenue

Biloxi MS 39531

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon completion and acceptance.

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

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

AMENDMENT NO DATE

Scope of Work Description:

1. Project Location: Back Dock Building 1 Veteran Healthcare System of the Ozarks 1100 N College Ave Fayetteville, AR 72703

2. Project Background:

(a) VHSO has two dock lifts available for the movement of supplies on and off the main receiving dock for building 1. These lifts are used in the delivery of mission critical supplies such as pharmaceuticals and oxygen tanks. During routine maintenance it was discovered that they are beyond normal maintenance and will need to be replaced. They are currently functioning, but the service technicians that repaired them stated that the fixes are at best a band-aid and will not be sufficient in the long term.

3. The general requirements of this project must include:

a) The removal and replacement of the existing dock lift must be in accordance with this Statement of Work and the FAR Solicitation and Contract clauses that are identified in the complete Solicitation package:

i. Contractor will be responsible for all decommissioning, removal, and legal disposal of the existing dock lift, associated utilities, and auxiliary lift components.

ii. Contractor will be responsible for all site and utility demolition, debris removal and legal disposal. Provide site preparations for new installation requirements in accordance with Statement of Work and manufacturer’s instructions.

iii. Contractor will be responsible for procurement and installation of new dock lift and all site/utility improvements as identified in the Statement of Work and in accordance with manufacturer’s instructions.

Back Dock Improvements – Lifts Replacements Veteran Healthcare System of the Ozarks (VHSO) Department of Veteran Affairs Fayetteville, AR

SOW-5

iv. Contractor to provide startup, testing, and training of Government staff on new lift operation and maintenance requirements.

b) The repair/replacement must be performed in a neat, workmanlike manner to provide code-compliant, complete, properly functioning installation.

c) Contractor must be responsible for all project waste including hauling away, directing waste to recycle, and legally disposing of remaining waste.

d) Demolition / new installation activities must be sequenced and scheduled to minimize its impact on daily facility operations.

i. Contractor will coordinate with EPM/COR and shipping / receiving staff prior to the beginning of construction activities to identify a logistics plan for maintaining shipping and receiving activities during construction.

ii. Any shutdowns of electrical / water distribution at the facility must be thoroughly coordinated with the facility and must occur during time periods acceptable to the facility.

iii. In order to accomplish this requirement, the Contractor must have new equipment in place and functional to the greatest extent possible; and must have plumbing installations in place to the greatest extent possible.

e) Contractor must provide all labor, equipment, and materials needed for the indicated replacement.

4. Government-Furnished Equipment and Services:

(a) Forklift and Operator The Government may provide a forklift and a qualified operator for use by the contractor during the installation of equipment, subject to the following conditions:

i. The contractor must request and coordinate the use of the forklift and operator with the Contracting Officer's Representative (COR) at least 4-5 business days in advance.

Requests should include the expected date(s) and duration of use, as well as any specific requirements.

ii. The contractor shall use the government-provided forklift and operator solely for the purposes authorized in this contract.

The contractor is responsible for ensuring that the equipment is used in a safe and appropriate manner and returned in the same condition as it was received, subject to reasonable wear and tear.

Department of Veteran Affairs Fayetteville, AR

SOW-6

iii. The contractor will be liable for any damage to the forklift or injury to the operator due to negligence or improper use by the contractor’s personnel. The contractor will bear the costs of any repairs or replacements required due to such damage.

5. Contractor(s) are strongly encouraged to visit the site of the proposed work and review the existing conditions there relating to construction and labor, and to be fully informed as to the facilities involved, and the difficulties and restrictions that may affect the performance of the Contract. Failure to visit the site will not disqualify those submitting a proposal. However, change order requests for items that could have been reasonably ascertainable from a site visit (and included in a proposal) will be reviewed by the CO and evaluated accordingly.

6. After project award, the Contractor must confirm all existing conditions and dimensions prior to proceeding with any project activities; identify all existing conditions that may impact the work;

and alert the CO and COR immediately if conditions are discovered that differ from the SOW.

Contractor must point out discrepancies between work identified in this SOW and actual field-verified conditions--if they exist, prior to performing work.

7. Period of performance is ninety (90) days after written notice to proceed.

8. The Contractor must furnish all labor, materials, equipment, supplies, transportation, utilities, supervision, safety equipment, and incidentals for all elements of the work to provide a complete and properly functioning installation in accordance with this Statement of Work. The installation must be ready for use by Final Completion date.

9. Contractor must not leave unattended out-of-service any utility, fire protection, life safety system, or security system without written permission of the COR. If a utility, fire protection, life safety system or security system is not functional at the end of a work period without written permission of the COR, then the Contractor must restore the system(s) to working order prior to leaving the job site or must furnish an around-the-clock watch subject to COR written approval until the system is functional. If the Contractor fails to do so, the Contractor must reimburse the Government a fee equal to the amount of costs incurred by the Government to furnish around-the-clock watch and/or repair the system(s).

10. Contractor cannot rely on available VA as-built drawings to identify all existing underground utilities. Prior to any excavating, contractor must be required to make sure that the location of all underground utilities in excavation sites is accurately designated. Contractor must be responsible for all costs related to identification of underground utilities. Contractor must provide a comprehensive report on all underground utilities, which must include survey ground marks laid out and an illustration of job-site showing underground utilities. The Utility Location & Coordination Uniform Color Code must be used for the ground marks and illustrations.

Damage to underground utilities as a result of contractor’s excavation activity must be repaired at contractor’s expense.

(a) It may be necessary for contractor to employ the services of a Subsurface Utility Engineering firm to conduct surveys to locate all underground utilities in areas to be excavated. Such surveys might utilize geophysical prospecting techniques and electromagnetics. In some circumstances these conventional methods do not precisely

Department of Veteran Affairs Fayetteville, AR

SOW-7

locate the utilities, in which case the following additional means may be utilized: TV video pipe inspection, ground penetrating radar (for non-metallics), and vacuum excavation.

11. Contractor is solely responsible for safety measures and conformance to applicable requirements.

(a) Contractor must provide all means and methods to protect the facility and its installations from all project activities, including protecting the facility from environmental elements as the improvements are completed.

(b) Contractor’s highest priority must be safety. Contractor work must be in accordance with Federal, State, Local OSHA codes, regulations, latest edition of NEC, latest edition of NFPA 70E, and 01 35 26 Safety Requirements specification. Contractor must furnish and use required safety items, including, but not limited to, safety signage, cones, barricades, and must furnish and wear required Personal Protective Equipment (PPE).

(c) Contractor must be responsible to develop a phasing and Infection Control Risk Assessment (ICRA) that incorporates requirements of specifications 01 00 00 General Requirements to meet requirements of VHSO and VHSO ICRA.

12. Basis-of-design products are indicated in this SOW to convey a specified standard of quality and salient characteristics desired but are not to be considered a single source specification.

Contractor-proposed equals will be considered.

(a) The Contractor must compare and validate that quality and salient characteristics are equal and approve the proposed equal products prior to submission for Government review and approval. Additional work required to incorporate Contractor-proposed equals must be at the Contractor’s expense.

(b) All Contractor-proposed equal equipment, materials, manufacturers, or installation will be reviewed. It must be the Contractor’s burden to furnish all documentation and / or samples to show equality with specified items. Facility’s decision on equality is final.

(c) All submittals/quotes will reflect:

I. Provide submittals for all proposed equipment and auxiliary components providing salient characteristics, manufacturer's warranty, and quantity.

II. Provide subcontracting plan, indicate if the subcontractor is SDVOSB certified, roster of subcontractor personnel working on site, their role in this project, and their resume providing past experience and training relevant to this project.

III. Rental equipment used in installation (if applicable).

IV. Labor V. Provide a detailed projected schedule to include a Gant Chart starting at day of award/notice to proceed.

Department of Veteran Affairs Fayetteville, AR

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(d) All submittals must be distributed to and reviewed by the Government prior to commencing work at the site. Purchase of materials prior to award are at the Contractor’s risk.

13. Minimum Qualities and Characteristics for two (2) dock lifts and all auxiliary components:

(a) Kelly Model KDL-7295-15K-Pit Mounted or Equal

(b) 18” standard solid or split bridge plate

(c) Dual hydraulic lifting cylinders

(d) Dual safety chains across operating ends

(e) Velocity fuses on lift cylinders to prevent uncontrolled descent

(f) Manual lowering valve to lower lift in event of power loss

(g) Accordion Bellow skirting to prevent debris from collecting in pit.

(h) Spring-assisted bridge

(i) Electric toe-guards

(j) Maintenance safety strut

(k) Removable handrails.

(l) Pre-wired Nema 4x push button control

(m) 15,000lbs Lifting Capacity

(n) Guard Rails (removable)

14. Contractor must coordinate all work activities with the COR prior to beginning any work. All work must be scheduled in a manner that ongoing research is not jeopardized, and facility’s ongoing day-to-day operations are not affected negatively, including air quality.

(a) Project must be left broom-clean at the end of each workday.

(b) During pre-construction meeting, Contractor must verify all parking, security, health requirements, laydown, and staging areas with the VHSO staff.

15. After award Contractor must prepare and submit to COR by email:

a. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site:

i. List of subcontractors at Project site.

Department of Veteran Affairs Fayetteville, AR

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ii. List of separate contractors at Project site.

iii. Approximate count of personnel at Project site.

iv. Equipment at Project site.

v. Material deliveries.

vi. General weather conditions, including presence of rain or snow.

vii. Accidents.

viii. Meetings and significant decisions.

ix. Unusual events

x. Stoppages, delays, shortages, and losses

xi. Meter readings and similar recordings.

xii. Emergency procedures.

xiii. Orders and requests of authorities having jurisdiction.

xiv. Change Orders received and implemented.

xv. Construction Change Directives received and implemented.

xvi. Services connected and disconnected.

xvii.Equipment or system tests and startups

(b) Material Location Reports: At weekly intervals, prepare and submit a comprehensive list of materials delivered to and stored at Project site. List must be cumulative, showing materials previously reported plus items recently delivered. Include with list a statement of progress on and delivery dates for materials or items of equipment fabricated or stored away from Project site. Indicate the following categories for stored materials:

i. Material stored prior to previous report and remaining in storage.

ii. Material stored prior to previous report and since removed from storage and installed.

iii. Material stored following previous report and remaining in storage.

(c) Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor's personnel, evaluation of results or effects, and similar pertinent information. Advise COR/ACOR in advance when these events are known or predictable.

16. Records Management: Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

a. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under

Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

b. The term Federal record:

i. Includes U.S. Department of Veterans Affairs (VA) records.

Department of Veteran Affairs Fayetteville, AR

SOW-10

ii. Does not include personal materials.

c. Applies to records created, received, or maintained by Contractors pursuant to their VA contract.

d. May include deliverables and documentation associated with deliverables.

17. Contractor must comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

18. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

19. In accordance with 36 CFR 1222.32, Contractor must maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

20. VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

21. The Contractor must immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor must ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor must not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it must be returned to VA control, or the Contractor must hold it until otherwise directed. Items returned to the Government must be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract.

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

Department of Veteran Affairs Fayetteville, AR

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22. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.

The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

23. The Contractor must only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

24. The Contractor must not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

25. The Contractor must not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

26. The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA must have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

27. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VA provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

28. The Contractor must incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

29. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

30. Site Supervision: Contractor must submit written qualifications of proposed site superintendent(s) to the CO and COR for consideration. Contractor must furnish superintendent(s) with written COR approval to continuously supervise on site contract activities. Contractor superintendent(s) must not engage in any direct trades’ labor.

(a) Contractor must coordinate with VA Police and COR to comply with the VHSO security management program, including but not limited to, obtain onsite access permission by the VA Police, be identified by Contractor and project, and restricted from unauthorized access.

(b) While on campus, Contractor must wear a visible VHSO issued identity Badge. Contractor can be subject to inspection of personal effects when entering or leaving the project site and VHSO property. Contractor site superintendent must escort Contractor employees to Engineering Shop (Building 37) to obtain badge(s). Contractor must maintain a Badge Log with Employee Names, Badge ID Numbers, Start Date(s), Departure Date(s), ID Lost Date(s), and ID Return Date(s). Contractor must update Badge Log and furnish to the COR weekly or as directed in writing by COR. Contractor must report lost Badge(s) immediately to the COR and document on

Department of Veteran Affairs Fayetteville, AR

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Badge Log. Contractor must return Badge(s) immediately on day of departure of employee from project to COR and document on Badge Log. Contractor must return remaining Badge(s) at project closeout to COR. Contractor must reimburse the Government a $100.00 fee for each lost or unreturned Badge.

(c) Contractor site superintendent may check out a key to access mechanical and electrical rooms as project requires. Contractor site superintendent must check out and return a key at Engineering (Building 37) daily and the key must not leave VHSO property. Contractor site superintendent must notify the COR when a key is lost. Contractor must reimburse the Government a $3,500.00 fee for each lost or unreturned key(s).

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVIC

ES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 JB _____________

Contract to replace two dock lifts at Building 1 loading dock IAW the SOW.

Contract Period: Base POP Begin: 01-19-2026 POP End: 03-20-2026 PRINCIPAL NAICS CODE: 333924 - Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing PRODUCT/SERVICE CODE: N039 - Installation of Equipment - Materials Handling Equipment MANUFACTURER PART NUMBER (MPN): None NATIONAL STOCK NUMBER: None LOCAL STOCK NUMBER: None

0002 1.00 JB _____________

Additional fees if station forklift and operator unable to provide support for project install.

Contract Period: Base POP Begin: 01-19-2026 POP End: 03-20-2026 PRINCIPAL NAICS CODE: 333924 - Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing PRODUCT/SERVICE CODE: N039 - Installation of Equipment - Materials Handling Equipment MANUFACTURER PART NUMBER (MPN): None NATIONAL STOCK NUMBER: None LOCAL STOCK NUMBER: None

GRAND TOTAL _____________

Department of Veteran Affairs Fayetteville, AR

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) 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.

(b) 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.

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

(d) 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 at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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 such as, 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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) 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; and

(D) Contractor point of contact.

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

(6) 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 33.211 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 32.607-2).

(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 default termination.

(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 prescribed in FAR 32.608-2 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 hereunder 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. 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 hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) 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; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) 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 Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(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 (u)(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.

(v) 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 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the…