RFQ 36C25626Q0490 AIR EMISSIONS TESTING ALX VAMC Pineville LA.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Air Emission Testing for Three Natural Gas Generators Alexandria VA Medical Center

(PINEVILLE LA)

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25626Q0490

RESPONSE DATE/TIME/ZONE 03-25-2026 3:00 CENTRAL TIME, CHICAGO,

USA

ARCHIVE 8 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* H149

NAICS CODE* 238220

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Jeneice Matthews jeneice.matthews@va.gov

PLACE OF PERFORMANCE

ADDRESS Alexandria VA Medical Center

2495 Shreveport Hwy Pineville LA

POSTAL CODE 71360

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION Department of Veterans Affairs AGENCY CONTACT’S EMAIL ADDRESS jeneice.matthews@va.gov EMAIL DESCRIPTION RFQ 36C25626Q0490 Air Emissions Testing

DESCRIPTION

36C25626Q0490 – Air Emission Testing for Three Natural Gas Generators for the Department of Veterans Affairs (VA), Alexandria VA Medical Center located in Pineville, Louisiana.

1. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services- FAR Overhaul. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

2. The CSS number is 36C25626Q0490. It is issued as a Request for Quote (RFQ) for

Contractor to furnish all skilled labor, parts, tools, equipment, materials, trained personnel, supervision, and travel/transportation providing qualified source testing individual(s) to develop specific air test protocol and conduct air emission stack testing for three (3) Natural Gas generators located at the Alexandria VA Medical Center, 2495 Shreveport Hwy, Pineville, LA 71360. The government anticipates awarding a Firm-Fixed Price resulting from this solicitation.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06 (effective: 10/01/2025).

4. This solicitation is issued as a Service Disabled Veteran-Owned Small Business (SDVOSB) set aside.

5. The associated North American Industrial Classification System (NAICS) code for this procurement is 238220- Plumbing, Heating, and Air‑Conditioning Contractors, with a small business size standard of $19,000,000.00.

6. A complete description of the requirement and/or applicable government need(s) are as follows: See attached 36C25626Q0490.

Contracting Office:

Department of Veteran Affairs Network Contracting Office (NCO)-16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston, TX 77056

Contract Specialist:

Jeneice Matthews POC: jeneice.matthews@va.gov

Quote in response to this RFQ are due at 3:00 PM Central Standard Time, March 25, 2026. Quotes shall be submitted in writing and sent via email to jeneice.matthews@va.gov .

Please insert “36C25626Q0490 Quote” in the subject line of your email. OFFEROR

SHALL COMPLETE THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS

SOLICITATION 36C25626Q0490 TO BE DEEMED ACCEPTABLE:

a) Section B- Contract Administration Data, Contractor contact information.

b) Volume 1-Technical

c) Volume 2-Price

d) Attachment B- 852.219-75 VA Notice of Limitations on Subcontracting —Certificate of Compliance For Services and Construction (JAN 2023) (DEVIATION)

e) Attachment C- Relevant Experience Form

EVALUATION: The Government will award a contract resulting from this solicitation to quoter with lowest price technically acceptable. All quoters shall have a current registration in the System for Award Management (SAM) to be considered for award. All quoters shall be certified in the U.S. Small Business Administration (SBA) database to receive credit as a SDVOSB at the closing of the solicitation due date and time, and at the time of award.

Please contact Jeneice Matthews for questions or other inquiries about this solicitation via email at jeneice.matthews@va.gov by 3:00p.m. Central Standard Time on March 20, 2026. If questions are received, an amendment to this RFQ will be posted with all questions and answers.

36C25626Q0490

Table of Contents

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

C.2 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)15

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) 20

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 21

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 TABLE OF ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

SERVICES (SEP 2023)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 28

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.237-1 SITE VISIT (APR 1984)

E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025) (DEVIATION)

E.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) 32

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) ... 44

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR ADMINISTRATOR: _______________________________

CONTRACTOR POC NAME: ____________________________________

CONTRACTOR POC PHONE NUMBER: _________________________

CONTRACTOR ADDRESS: ___________________________________

EMAIL ADDRESS: ___________________________________________

CONTRACTOR UNIQUE ENTITY IDENTITY (UEI):_______________________

GSA/FSS, NAC, SEWP Contract No (if applicable) _______________________

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Other [x] Payment for services provided under the terms of this contract will be made upon delivery, inspection, and acceptance of all line items.

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

Department of Veteran Affairs Financial Service Center (FSC) e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

http://www.fsc.va.gov/fsc/einvoice.asp

Quote(s) in response to this RFQ are due at 3:00 PM Central Standard Time, March 25, 2026.

Quotes shall be submitted in writing and sent via email to jeneice.matthews@va.gov .

Please insert “36C25626Q0490 Quote” in the subject line of your email. OFFEROR SHALL

COMPLETE THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS SOLICITATION

36C25626Q0490 TO BE DEEMED ACCEPTABLE:

a) Section B- Contract Administration Data, Contractor contact information.

b) Volume 1-Technical

c) Volume 2-Price

d) Attachment B- 852.219-75 VA Notice of Limitations on Subcontracting —Certificate of Compliance For Services and Construction (JAN 2023) (DEVIATION)

e) Attachment C- Relevant Experience Form

EVALUATION: The Government will award a contract resulting from this solicitation to quoter with lowest price technically acceptable. All quoters shall have a current registration in the System for Award Management (SAM) to be considered for award. All quoters shall be certified in the U.S. Small Business Administration (SBA) database to receive credit as a SDVOSB at the closing of the solicitation due date and time, and at the time of award.

Please contact Jeneice Matthews for questions or other inquiries about this solicitation via email at jeneice.matthews@va.gov by 3:00p.m. Central Standard Time on March 20, 2026. If questions are received, an amendment to this RFQ will be posted with all questions and answers.

SITE VISIT: Technical Site Visit is scheduled for March 24, 2026 at 10:00 a.m., Central Standard Time at the Alexandria VA Medical Center, 2495 Shreveport Hwy Pineville, LA 71360. Please RSVP by sending an email to jeneice.matthews@va.gov by 3:00pm Central Standard Time on March 20, 2026. Any potential changes to the Statement of Work or questions, noted during the site visit must be submitted in writing via email at jeneice.matthews@va.gov. The Contracting Officer is the only person that is authorized to change the requirement via an amendment to the RFQ. The Offerors are urged and expected to inspect all site(s) where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect one or all sites constitute grounds for a claim after contract award. No more than two (2) people shall be allowed for each contractor.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contractor shall furnish all skilled labor, parts, tools, equipment, materials, trained personnel, supervision, and travel/transportation for providing qualified source testing individual(s) to develop specific air test protocol and conduct air emission stack testing located at the Alexandria VA Medical Center, 2495 Shreveport Hwy, Pineville, LA 71360.

1.00 JB

Generator #1: Caterpillar (Natural Gas Usage) Model: SR4B - HV Serial: A4Y00334 Capacity: 2050 Kw Load Bank: NO Building #175

Generator #2: Caterpillar (Natural Gas Usage) Model: SR4B - HV Serial: A4Y00335 Capacity: 2050 Kw

Generator #3: Caterpillar (Natural Gas Usage) Model: SR4B - HV Serial: A4Y00336 Capacity: 2050 Kw

GRAND

TOTAL

i. Prior to exercising any option, the Contracting Officer will ensure that it is still in the government’s best interest, with price and other factors considered.

ii. Any extension, in accordance with FAR 52.217-8 shall utilize pricing provided in the last option year to assist the Contracting Officer in conducting price analysis to determine Fair and Reasonable pricing. Thus, the offeror’s total price for the purpose of evaluation will include the option provision to extend the performance of the contract up to an additional six months, when the contractor is provided written notice. Thus, providing separate pricing for the optional six-month extension period is not required.

B.3 STATEMENT OF WORK

Title: Air Emission Testing for Three Natural Gas Generators / Alexandria VA Medical Center (PINEVILLE LA)

1) BACKGROUND:

The Department of Veterans Affairs (VA) Alexandria VA Medical Center (VAMC) in Pineville, LA need specific air test protocol developed, and air emission stack testing conducted on three (3) facility generators for compliance with the latest applicable federal, state, and city clean air regulations, codes, or statutes. These generators are used at the Alexandria VAMC to supply essential auxiliary power when/if needed, are manufactured by Caterpillar (CAT) and must be certified thus subject to the testing requirements of 40 CFR 60.4234(b)(2). Contractor performing the work shall be certified by Louisiana Environmental Laboratory Accreditation Program (LELAP).

2) GENERAL INFORMATION:

The Alexandria VAMC located at 2495 Shreveport Highway, Pineville, LA 71360 requests for Contractor to develop specific air test protocol and conduct air emission stack testing on three (3) - Natural Gas generators as listed in section 7, titled Equipment Schedule. The contract shall be for a Firm-Fixed Price.

3) NON-PERSONAL SERVICES: The government shall neither supervise Contractor personnel nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the government assign tasks to, or prepare work schedules for, individual Contractor personnel. It shall be the responsibility of the Contractor to manage its personnel and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer immediately.

4) PLACE OF PERFORMANCE:

Alexandria VAMC 2495 Shreveport Highway Pineville, LA 71360

5) PERIOD OF PERFORMANCE:

Contractor shall start work two (2) weeks from date of award through September 30, 2026. Contractor shall coordinate start work date with Contracting Officer’s Representative (COR).

6) DESCRIPTION OF WORK:

Contractor shall furnish all skilled labor, parts, tools, equipment, materials, trained personnel, supervision, and travel/transportation for providing qualified source testing individual(s) to develop specific air test protocol and conduct air emission stack testing on three (3) - Natural Gas generators located at 2495 Shreveport Highway, Pineville, LA 71360.

7) EQUIPMENT SCHEDULE: Size: 13200 Volts Test Port Location: Approximately 6’ above the ground on each stack

7.1 Generator #1 Caterpillar: (Natural Gas Usage)

Model: SR4B - HV Serial: A4Y00334 Capacity: 2050 Kw

7.2 Generator #2 Caterpillar: (Natural Gas Usage)

Model: SR4B - HV Serial: A4Y00335 Capacity: 2050 Kw

7.3 Generator #3 Caterpillar:

Model: SR4B - HV Serial: A4Y00336 Capacity: 2050 Kw

8) CONTRACTOR REQUIREMENTS:

a. The contractor shall include and provide all materials, manpower, and equipment to perform an air emission inventory and testing on three (3) Alexandria VAMC natural gas generators. The contractor shall inspect and use existing sampling ports on each Alexandria VAMC generator and provide adaptors to connect any external test equipment, prior to conducting testing. Contractor shall identify safety concerns and provide in writing to the Contracting Officer’s Technical Representative (COTR).

b. The contractor, as a minimum, shall ensure air emission stack testing consists of conducting three 1-hour runs for Nitrogen Oxides (NOx), Carbon Monoxide (CO), Moisture Content, Oxygen (O2), Non- Methane Volatile Organic Compound (VOC), and any other contaminant subject to NSPS 40 CFR 60.4243(b)(2) on each of the three generators listed in section 7, titled Equipment Schedule.

c. The contractor shall provide 1) a summary for three (3) Alexandria VAMC generators of the regulatory status after testing compared to applicable limits, 2) a comprehensive air emission report with subsequent calculations and 3) recommendations to bring generators into full compliance, if applicable will be documented in the report. The Contractor shall provide summary report to the COR in hard copy, two (2) each and one (1) electronic copy.

d. Louisiana Department of Environmental Quality (LDEQ) involvement is required. The contractor shall submit the testing protocol 30-days ahead of testing to LDEQ and provide proof of the submittal and subsequent LDEQ approval to the Alexandria VAMC delegated COR. The contractor shall submit the final test report to LDEQ within the time frame set out in the regulations.

e. Contractor is required to provide their own power equipment for example generators to connect to Contractor testing equipment. Contractor shall obtain and coordinate joint safety inspection of any connections such as electricity, water, and the like to ensure all safety precautions have been met.

f. The Alexandria VAMC will provide oversight and act as the Alternate COTR for contract personnel working during any scheduled testing.

9) HOURS of COVERAGE:

a) All work shall be conducted from Monday through Friday at 7:30a.m. – 5:00p.m. at the Alexandria VAMC, excluding Federal holidays and unless other times are arranged in advance and approved in writing by the delegated VA COR. The government also observes Executive Orders, President’s Proclamation, and days designated by Federal Statute.

b) The government hereby provides notice, and the Contractor hereby acknowledges receipt that government personnel observe the listed days as holidays:

New Year’ Day January 01 Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth Day Third Monday in June Independence Day July 04 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

c) If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. government agencies, and any other day specifically declared by the President of the United States.

d) In addition to the days designated as holidays, the government observes the following days:

i) Any other day designated by Federal Statute.

ii) Any other day designated by Executive Order.

iii) Any other day designated by the President’s Proclamation

e) It is understood and agreed between the government and the Contractor that observance of such days by the government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation shall be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

10) The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation Standards All applicable Federal, State, Local and Industry: Laws, Policies and

Standards as applicable to the proper performance afore and hereafter described.

11) GLOSSARY:

ALX VAMC Alexandria VA Medical Center CO Contracting Officer CDR Contract Deficiency Report COR Contracting Officer’s Representative LELAP Louisiana Environmental Laboratory Accreditation Program NFPA The National Fire Protection Association

OEM Original Equipment Manufacturer OSHA Occupational Safety and Health Administration The Joint Commission Business Day: A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours.

12) SAFETY: Safety precautions shall include, but are not limited to the following requirements:

a) Occupational Safety and Health Act (OSHA)

b) Applicable State and Local Safety Operation Procedures

c) VA Safety Practices and Policies, VAMC standard operating procedures, and any other Federal, State, and Local regulations pertaining to the equipment listed for this contract.

d) JCAHO (The Joint Commission, formerly, Joint Commission Accreditation of Healthcare Organizations)

13) GRAY MARKET PREVENTION:

(a) No gray market or remanufactured items will be acceptable. Gray market items are OEM goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a service contract for the purchase of new medical products for the Alexandria VAMC. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be the Original Equipment Manufacturer (OEM) or an authorized approved vendor by the OEM for the proposed service contract for the purchase of new medical equipment to include replacement parts, such that the OEM’s warranty and service associated with the equipment and system is in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

14) PRIVACY INFORMATION:

a) The Contractor will not have access to VA desktop computers, nor will they have access to online resources belonging to the government while conducting services. The Contractor personnel shall secure (in a sealed envelope) and relinquish any documentation found anywhere on the VA grounds that contains sensitive VA patient and/or government information such as privacy information within 60 minutes of finding such documentation to the Privacy Officer, Alexandria VAMC. If the Privacy Officer is not available, please relinquish any documentation found to the VA Police Services.

15) INVOICING / BILLING REQUIREMENTS:

a) The Contractor shall submit requests for payment electronically to the VA’s Tungsten Network (https://www.fsc.va.gov/einvoice.asp ). Payment for services provided under the terms of this contract will be made upon delivery, inspection, and acceptance of all line items. Invoices shall be properly prepared in accordance with Federal Acquisition Regulation (FAR) 52.212-4.

b) Invoices shall include, at a minimum, the following information:

a) Purchase Order (PO) number and Contract Number

b) Company Name, Address, and telephone number

c) Invoice Date

d) Invoice Number

16) CHANGES TO THE STATEMENT OF WORK (SOW): Any changes to the SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Price/cost incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor. During the term of this contract, medical equipment may be added or deleted from this contract as equipment is replaced, added or removed from service at the medical facility. Any such change shall be reflected in a written modification to this contract signed by the Contractor and the Contracting Officer.

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.

C.2 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.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

C.4 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 before contract expire.

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

C.6 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.

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Federal, State, Local and Industry: Laws, Policies and Standards as applicable as to NFPA, LELAP.

(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: Federal, State, Local and Industry: Laws, Policies and Standards

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

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

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

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13

CFR 128.102).

https://veterans.certify.sba.gov/

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable).

These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period;

or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause.