36C25626Q0295_1.docx

36C25626Q0295

GENERAL INFORMATION

Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Eugene Jackson eugene.jackson2@va.gov

PLACE OF PERFORMANCE

ADDRESS

MEDVAMC Domiciliary

4320 Old Spanish Trail

Houston TX

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

A.1 COMBINED SYNOPSIS/SOLICITATION

Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-06 (eff. 08/27/202].

This solicitation is a Total Small Business Set-Aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561261, with a small business size standard of $25M.

The FSC/PSC is N063.

The Michael E. Debakey VA Medical Center in Houston, TX is seeking to purchase additional door hardware for the current PAC (Physical Access Control) System.

All interested companies shall provide quotations in section B.2 Price/Cost Schedule of the SOW.

Delivery shall be provided no later than 30 days after receipt of order (ARO). See section B.3 Delivery Schedule for delivery information.

Place of Performance/Place of Delivery

4320 Old Spanish Trail Houston, TX

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.

The following solicitation provisions and clause apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

2. FAR 52.212-2 Evaluation-Commercial Products and Commercial Services: In accordance with RFO FAR 12.201-1 and FAR 12.201-2 when appropriate, the contracting officer may (1) Insert the provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, in solicitations for commercial products or commercial services.

3. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/.

4. FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” [NOV 2023]

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

All questions regarding this solicitation shall be submitted via email to the Contract Specialist, Eugene Jackson at Eugene.Jackson2@va.gov no later than 12:00P.M. CST on 22 JAN 2026. Please ensure you ask ALL questions.

Quotes are due no later than 27 JAN 2026 at 03:00PM CST and shall be submitted electronically via e-mail to the Contract Specialist, Eugene Jackson at eugene.jackson2@va.gov

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Page 1 of

Combined Synopsis/Solicitation Notice

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: POC Name: _________________ Address: ___________________ Phone: _____________________ Email: ______________________ Unique Entity ID: ______________ Tax ID Number: ______________ SEWP Contract No: _______

b. GOVERNMENT: Steven A. Berkeley, Contracting Officer 36C256 Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643 Phone: 713-791-1414 Email: Steven.berkeley@va.gov

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.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Controller - Visionline Contract Period: Base POP Begin: 02-02-2026 POP End: 03-02-2026 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: N063 - Miscellaneous Alarm, Signal, and Security Detection Systems

LOCAL STOCK NUMBER: 840009761

ECU Plate

POP Begin: 02-02-2026 POP End: 03-02-2026 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths)

LOCAL STOCK NUMBER: EZ-ECU-OPTPL

Remote Power with Wire

POP Begin: 02-02-2026 POP End: 03-02-2026 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths)

LOCAL STOCK NUMBER: INST-ACK-5

Assa Abloy set up and train

POP Begin: 02-02-2026 POP End: 03-02-2026 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths)

Composite cabling

POP Begin: 02-02-2026 POP End: 03-02-2026

Programming and Train Labor

POP Begin: 02-02-2026 POP End: 03-02-2026

Installation Labor

POP Begin: 02-02-2026 POP End: 03-02-2026

PRODUCT/SERVICE CODE: N063- Miscellaneous Alarm, Signal, and Security Detection Systems

B.3 DELIVERY SCHEDULE

4320 Old Spanish Trail Houston, TX 77030

USA

832-477-2606 GRAY.SHARONH@va.gov

4320 Old Spanish Trail Houston, TX 77030

USA

4320 Old Spanish Trail Houston, TX 77030

USA

4320 Old Spanish Trail Houston, TX 77030

USA

4320 Old Spanish Trail Houston, TX 77030

USA

4320 Old Spanish Trail Houston, TX 77030

USA

4320 Old Spanish Trail Houston, TX 77030

USA

Page 1 of Page 1 of Page 1 of

STATEMENT OF WORK

New installation of additional controllers to the existing keyless Physical Access Control (PAC) System that controls access points at various locations throughout the facility. These additions will be compatible and will function with the existing PAC System that is already in place.

1. BACKGROUND: This Statement of Work is required for the Michael E. DeBakey VA Medical Center (MEDVAMC), Social Work Service - to expand and ensure compliance with physical security regulations at the Domiciliary Residential and Rehabilitation Treatment Program (DRRTP) facility.

2. OBJECTIVES: The purpose of this project is to add to the existing locking system and install an additional keyless card-access system to four access doors leading to the following areas: female resident unit (x1 door) and male resident unit (x3 doors) that will accommodate both FIPS PIV card and Domiciliary resident card access.

3. SCOPE OF WORK: The purpose of this project is to add to the current keyless card-access system to the designated areas listed, meeting all the requirements for intended use, installed to the highest standards and the requirements of the contract documents. All services and supplies shall meet or exceed what is required by this Statement of Work and be executed in a professional manner resulting in a finished product of highest quality. The contractor shall provide all materials, equipment, and other products used in the installation, shall be new or approved recyclable materials from an approved source. All new work shall be maintained in a clean condition and shall be true to line and grade and in accordance shall comply with stated installation requirements. The work shall be properly secured, consistent in quality, fit and installation, repair and servicing. The contractor shall provide all labor, equipment, materials, testing, transportation, and any other materials or services necessary to provide and install the keyless card-access system. All components of the system shall be installed, tested, and viewable from the server and workstation clients. All hardware and software are to be FIPS / PIV compliant.

3.1 PLACE OF PERFORMANCE:

Michael E. DeBakey VA Medical Center Domiciliary Residential and Rehabilitation Treatment Program facility located at 4320 Old Spanish Trail, Houston, Texas 77021.

3.2 PERIOD OF PERFORMANCE AND WORKING HOURS:

Period of performance is single installation.

Period of Performance shall be within thirty (30) days after contract is awarded. This is a one-time purchase and delivery of the specified equipment as requested The Domiciliary is a 24/7 facility, however the normal operating hours are from 8:00 am to 4:30 pm. Monday through Friday.

All work should be accomplished during normal duty hours, Monday through Friday, excluding federal holidays. The contractor must arrange with the program manager or designee to schedule work and facility access outside of these hours.

The following are federal holidays:

Independence Day In addition to the days designated as federal holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President’s Proclamation

4. REQUIREMENTS and PROJECT DESCRIPTION: Contract for installation shall be as indicated in the SOW (30 days from award date). The work required of the contractor shall be performed in accordance with this Statement of Work:

1. Installation Timeframe: The Contractor shall coordinate completion date and daily work hours with the designated POC not to exceed 30 days from contract award. Any technical questions regarding the installation of the system or its technical operation shall be directed through the designated POC or delegate.

2. The equipment that is installed shall match and be similar to the existing system in use. Structural members shall not be cut or altered, except where noted on drawings and/or specifications, without authorization of the Contracting Officer. Work remaining in place that is damaged or defaced during this contract shall be restored to the condition existing at time of award of contract.

3. The Contractor is responsible for moving any furniture or equipment located in the building (except for equipment and/or paperwork that cannot be moved, in which case the Contractor shall provide adequate protection for such equipment before any preparation and painting). All moved items should be put back to their original locations as work is completed.

4. The Contractor shall coordinate work of different trades so that interference between mechanical, electrical, architectural, and structural work, including existing services, will be avoided and, within limits indicated, the maximum practical space for operation, repair, removal, and testing of equipment is provided. Keep pipes, ducts, conduits, and the like as close as possible to ceiling slab, walls, and columns to take up a minimum amount of space. Locate pipes, ducts, and equipment so they do not interfere with the intended use of eyebolts and other lifting devices.

5. All personnel engaged in the contract activities specified herein must be licensed by the state, local authority, and/or the city local authority in those trades, crafts or professions that require licensing by such jurisdictions. The license must be of a grade or other level consistent with the requirement of the work being performed and/or as established by the above jurisdictions.

6. Any work performed by the Contractor at his/her own volition outside specified working hours will be at no additional expense to the Government.

7. No unauthorized work shall be initiated without the prior approval of the Contracting Officer or the program manager. The Contracting Officer shall approve any request or proposal for changes in project scope and/or additional requirements, in writing prior to the Contractor proceeding with any related work. Any changes accomplished without prior written approval, will be done at the Contractor’s expense.

8. All measurements/locations are approximate and shall be verified by the Contractor. The Government will not be held responsible for any error or variation in any measurements or other data listed, nor will the Contractor, because of an error or variation in any measurement listed, be relieved of his responsibility to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government.

9. The Contractor shall be responsible for complying with any applicable laws, codes, and regulations (federal, state and local) in connection with the prosecution of the work. Additionally, the Contractor is responsible for obtaining all permits, licenses, etc. that are required by local law or ordinance.

10. Quality Assurance: The Government will participate in the final test procedures. Any work deemed to be not compliant with the referenced standards and practices shall be re-worked at the contractor’s expense.

5. SAFTEY CONSIDERATIONS:

Contractor’s workmen shall obtain and utilize all safety items required to ensure all safety requirements are in accordance with OSHA and other applicable regulations during all phases of work performed.

6. QUALIFICATIONS:

Contractor must be a certified and authorized distributor of the DNA Fusions Open Option system by ACRE Security and have authorization to work on and configure the system. Contractors must provide proof of authorization in response to the solicitation.

7. PROTECTION OF PROPERTY:

Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor.

8. INFORMATION SECURITY:

All VA sensitive information shall be protected at all times, in accordance with VA local site guidelines. The Contractor shall report any known or expected security/privacy incidents, or any unauthorized disclosure of sensitive information, to the COR. The Contractor shall follow all Government rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations, and shall adhere to all VA Privacy & Security, the Privacy Act, and Health Insurance Portability and Accountability Act (HIPPA) requirements when obtaining and reviewing information.

9. CHANGES AND MODIFICATIONS:

Changes to the terms and conditions of this contract are only authorized in writing by a warranted Government Contracting Officer. Non-warranted individuals are not authorized to make changes.

If any service awarded under this requirement requires modification or is removed by the Contractor or manufacturer, or if any required modification or removal is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the Contractor or manufacturer:

1. Notify the Contracting Officer, in writing, in the most expeditious manner possible. Provide two copies of the notification which shall include, but not be limited to the following:

1. Complete service description and/or identification and the contract number assigned as a result of an award on this Statement of Work.

2. Reasons for modifications or removal.

3. Necessary instructions for any corrective action.

4. Contractor shall be responsible for any costs associated with the requesting changes.

10. WARRANTY AND SUPPORT:

Engineering Services shall have full access to the hardware that constitutes this equipment. The VA point of contact must be briefed, by the vendor, on all upgrades and changes and agrees to each prior to shipment. The vendor shall provide two (2) sets of Instructions for Users manuals (electronic or hard copy) relevant to the system’s functionality, as applicable. Additionally, Contractor shall provide the standard OEM (Original Equipment Manufacturer) warranty period for all equipment provided starting upon receipt of delivery to VA and complete and accepted installation. Any standard service warranties shall be applied as well.

11. INVOICES:

Offeror may submit invoices for any completed and government accepted items on the Price Schedule. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR). A properly prepared invoice will contain:

a) Invoice Number and Date

b) Contractor’s Name and Address

c) Accurate Purchase Order Number

d) Supply or Service provided.

e) Total Amount Due

(End of Statement of Work)

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 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) 0001-0005. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.3 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to 0001-0005.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of Clause)

C.10 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)

(a) Definitions. As used in this clause— Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1) Statutory purchasing programs.

(i) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https:// www.epa.gov/smm/comprehensiveprocurement-guideline-cpgprogram#products).

(ii) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)- designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https:// www.energy.gov/eere/femp/search-energyefficient-products and https:// www.energystar.gov/products?s=mega).

(iii) Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) (https://www.biopreferred.gov).

(iv) Acceptable chemicals, products, and manufacturing processes listed under EPA’s Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).

(2) Required EPA purchasing programs.

(i) WaterSense® labeled (water efficient) products and services (https://www.epa.gov/ watersense/watersense-products).

(ii) Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/ saferchoice/products).

(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (https://www.epa.gov/greenerproducts/recommendationsspecifications-standards-and-ecolabelsfederal-purchasing).

(b) Requirements.

(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2) The Contractor shall ensure that the sustainable products and services required by this contract are—

(i) Delivered to the Government;

(ii) Furnished for use by the Government;

(iii) Incorporated into the construction of a public building or public work; and

(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor’s general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(3)(i) Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of quote or offer submission; and

(ii) Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023.

(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which purchasing programs apply to a specific product or service.

(End of Clause) C.11 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

(a) Definitions. As used in this clause— "Driving"—

(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

"Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication.