36C25626Q0549.docx

36C25626Q0549

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

580-26-3-5637-0058 36C25626Q0549 Andrew Misfeldt 04-09-2026

10:00 AM

CDT

Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville

AR

72703 X X 237110 $45 Million N/A X Department of Veterans Affairs Veterans Healthcare System of the Ozarks Purchasing & Contracting (90C) 1100 N. College Ave.

Fayetteville

AR

72703 Department of Veterans Affairs Veterans Healthcare System of the Ozarks Network Contracting Office 16 2575 Keystone Crossing Fayetteville

AR

72703

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

1-877-489-6135 See CONTINUATION Page Due to the urgency of this repair there will not be extensions offered.

There is a site visit set for Monday April 6th at 10AM meeting at the Spinal Cord Entrance.

Offerors need to provide an estimated schedule, proposed technical and management approach and divisional breakdown.

See CONTINUATION Page X X 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:

b. GOVERNMENT: Contracting Officer 36C256 Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

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:

STATEMENT OF WORK

MICHAEL E. DEBAKEY VA MEDICAL CENTER HOUSTON, TEXAS

Project Title: Building 125 water leak near parking lot underground water pipe repair.

STATEMENT OF WORK

1. GENERAL

1.1. The contractor shall provide all supervision, labor, material, tools and equipment to repair a water leak near building 125, Bldg 104A and Spinal Cord Parking Entrance(East Side) at the Michael E DeBakey VA Medical Center, 2002 Holcombe Blvd Houston TX. 77030

1.2. Pipe size: 2”, 6” and 8” PVC C900

1.3. This work will be done in phases. Each phase will be completed before starting the next phase.

1.4. Some phases will impact vehicle access and will require coordination with security police.

1.5. The contractor is responsible for barricades and signage while the areas are closed.

1.6. The contractor is responsible to patch and repair damage caused to adjacent areas as a result of their work.

1.7. Part of the work required will be completed after normal work hours and on weekends.

1.8. After award, but prior to the start of any field work, the contractor shall contact the COR to review proposed methods and schedule for accomplishing the work and to review shut down requirements, hot permits,IF REQUIRED, and VAMC safety requirements. Field work may not commence until these items have been reviewed and approved by the COR.

1.9. Water shutdown will be necessary to allow pipe repair. Other work before and after the pipe repair may be accomplished during normal work hours, 7am-4:30pm, Monday through Friday.

1.10. A section of 2” underground water supply pipe runs underneath a concrete parking lot and sidewalk on the south side of Building 125. (see photos) The leak/s shall be repaired to bring the pipe back to fully operational status. All new materials will be equivalent to, or better than, the existing material.

1.11. There will be two work phases, defined in sections 2.1, 2.2, and 2.3 below. The initial phase is defined in section 2.1 and will allow examination of the leak and the procurement of any materials necessary to repair the leak. The second phase is defined in section 2.2 and requires a water outage during the pipe repairs. The water outage will be handle by VA Plumbing Shop. The third phase is defined in section 2.3 and can occur during normal work hours.

2. SITE WORK

2.1. Demolish existing concrete and excavation.

Location near south side of Bldg 125 sidewalk and parking lot, road near Boiler Plant and Spinal Cord parking lot entrance. (Note that the exact location of the leak/s have not been determined, but it is believed to be underneath the concrete. The contractor will need to determine the exact location.) This will involve cutting and removing existing concrete. Contractor shall coordinate with the COR before any excavation occurs, including any additional digging sites necessary should the original suspected location be incorrect.

Typical parking stall shall be 19-feet long and 9-feet wide unless otherwise noted New concrete curbs shall be constructed so the botton of face of curb matches existing asphalt paving elevation Typical curb height shall be 6”. ADA ramp should have a maximum slope of 5% and sidewalks shall have a maximum slope of 3% all side walks should have a cross slope of 2%. PDF 7 and 8.

Parallel curb ramp, sidewalk joint and concrete pavement with 6” curb details see drawing 02-MEDVAMC CS-200. Pdf 11

The VAMC will provide location drawings of underground electrical line and underground communication line in the vicinity where the water leak appears to be.

Contractor shall provide temporary traffic barricades (min 18” high) to enclose work area (see Google 2 for approximate location). Coordinate with the COR for exact location and extent of the work area. The new concrete will be allowed to dry for 7 days after pouring and the barricades shall be left in place around the newly poured concrete for the duration of that time.

Cut and remove existing concrete to allow investigation to find and repair water leak. Excavate down to the level of the piping, retaining the dirt for later usage. Contractor shall be careful not to damage the electrical or communication pipes/conduits when investigating and repairing the water piping. OSHA standards for excavations and trenching shall be followed.

2.2. Repair damaged piping.

Remove damaged piping and/or coupling and repair/replace the damaged section/s with new piping and/or couplings. New piping should be at least equivalent to the existing in quality and size and must be able to withstand temperatures, pressures, and flows utilized by the existing campus water supply system. The COR must approve the type/quality of new replacement pipe, adapter, coupling, or other components and the method of attachment and sealing. The size and type of the existing piping must be confirmed by examination, with the new pipe being the same diameter as the existing.

Properly connect new pipe to the existing to ensure no leakage. Provide and install all associated new components: gaskets, sealants, couplings, etc. as necessary to fix any leaks found in the water pipe. Test and adjust as necessary and confirm proper operation. Install a concrete thrust block for any new pipe section and/or fitting at all locations that have a change in direction. COR will need to be present for functional test at normal water pressure after repairs are completed and before the repaired section of pipe is covered with dirt.

2.3. Backfill excavation and install new concrete.

Ensure that the soil below the piping is compacted sufficiently to provide support for the new pipe section. Refill with previously removed dirt, compacting as necessary. Contractor shall purchase and install any extra quantities of soil necessary to fill hole to the level necessary for concrete installation. COR shall inspect filling and soil compaction before concrete installation.

Repair concrete equivalent to original thickness (minimum 6”) and quality. Install minimum 6 mil plastic sheeting underlayment below area of new concrete. Match original rebar size and spacing, using a minimum of #5 rebar in a grid with a maximum of 12” x 12” spacing. Drill holes in existing concrete roadway at least 6” deep and install min 12” length and min #4 rebar dowels to connect new concrete to existing. Space the dowels a maximum of 12” apart around the perimeter of the patch area. Use minimum 4000 psi concrete mix. Finish surface to match original. Match original surface height at perimeter. COR shall inspect and approve rebar installation before pouring concrete. Apply ASTM C 309 curing compound to surface after concrete is poured and finished.

Consult with VA personnel on site for exact items and locations. Exact specifications and locations for new items must be field verified. Any damage done to existing concrete parking area must be repaired.

2.4. All materials and components will be tested by the contractor at their expense and be fully functional upon completion of installation. New material and components must be fully compatible with the existing system.

3. SUBMITTALS

3.1. Contractor shall submit to the Contracting Officer and COR the following prior to commencing work:

3.1.1. Quality Control Plan. Contractor shall establish a quality control plan for all work, including that of his subcontractors, to assure compliance with the contract provisions. Contractor shall submit a copy of his quality control plan concurrently with the quote.

After examination of the existing pipe, contractor shall submitt manufacturer spec sheets for the following: Base material, pipe couplings, pipe clamps, sealants, gaskets, all new equipment and/or components.

At project completion, the contractor shall provide the VA with an as-built shop drawing illustrating the work performed and the locations of any uncovered utilities.

The VA will check and approve the contractor's shop drawings, detail drawings, schedules, descriptive literature and samples, testing laboratory reports, field test data and review the color, texture and suitability of materials for conformity with the RFP Documents and repair documents. All submittals shall be in electronic .pdf format and email both to the COR and CO.

4. ATTACHMENTS- Drawings will be provided after site visit Attachments are supplied for background information only. It may not show the current status of the piping. Field measurements and observation must be used to gather all necessary information.

Attachment 1: Bldg 125 Attachment 2: Bldg 104A Attachment 3: Spinal Cord Parking Entrance.

Note that these attachments are the best available data that the VA has. The installed underground pipes may differ from these drawing in size and/or location and field verification of actual conditions are necessary

5. CODE REQUIREMENTS

5.1. The VA will be responsible for obtaining necessary local agency approvals as required.

5.2. All work performed under this contract shall be in accordance with the VA Master Specifications (http://www.cfm.va.gov/til/spec.asp) listed below

5.2.1. Division 01 – General requirements

5.2.2. Division 02 – Existing Conditions

5.2.3. Division 03 – Concrete

5.2.4. Division 09 - Finishes

5.2.5. Division 31 – Earthwork

5.2.6. Division 32 – Exterior Improvments

5.2.7. Division 33 - Utilities

5.3. All work shall comply with all local, state, and federal rules and regulations. In the event of a code discrepancy the stricter of the ordinances shall prevail.

5.4. Veterans Affairs specifications can be found at https://vatilms.va.gov/vatilms/catalog

6. WARRANTIES

6.1. One year warranty will begin from the date of project acceptance.

7. WORK SCHEDULE

7.1. The work will be done in phases as indicated above in general requirements section 1.10.

7.2. After award, but prior to the start of any field work, the contractor shall contact the COR to review proposed methods and schedule for accomplishing the work and to review shut down requirements, hot permits, and VAMC safety requirements. Field work may not commence until these items have been reviewed and approved as detailed below.

7.3. Work shall commence upon receipt of a Notice to Proceed from the government and shall be completed within 30 calendar days after receipt of Notice to Proceed.

8. WORK LOCATION AND RESTRICTIONS

8.1. The work site location is in the parking lot of Building 125, Bldg. 104 and Spinal Cord Parking Entrance at the Michael E. DeBakey VA Medical Center.

8.2. VA facility normal operations are from 7:00 am and 4:30 pm Monday through Friday, excluding federal holidays, unless other times are arranged in advance and approved in writing by the COR. When the contractor’s work interferes with hospital functions, such as when work produces excessive noise, odors, dust, utility service interruptions, or other interferences with normal hospital operations that cannot be contained within the area of work, the contractor shall schedule said work at other than normal hours and as directed by the COR at no additional cost to the government.

9. PARKING

9.1. Parking is rigidly controlled throughout the Medical Center. Contractor parking is only allowed in authorized areas. Contractor shall abide by all police requirements. Parking in designated patient parking areas is strictly prohibited. Parking for unloading equipment necessary to perform the work will be authorized in advance of starting the project.

10. STORAGE OF EQUIPMENT & MATERIALS

10.1. The contractor shall arrange with the COR for allocation of required workspace and for the storage of equipment and material to be used for this project. Storage space is very limited. There are no exclusive areas within the campus that can be given to the contractor for their storage needs. The work area enclosed by the traffic barricades can be used by the contractor for storage and parking during the duration of this contract until the concrete has been poured.

10.2. Additionally, no space outside the barricaded area will be made available for the placement of a contractor trailer for this project. The Contractor should schedule delivery of materials to limit the amount of storage space and time.

11. DEBRIS REMOVAL

11.1. All waste material (except fill dirt that will be reused after the pipe is repaired) and debris shall be removed daily off the site by the contractor and shall be disposed of in accordance with applicable State and Federal regulations. All recyclable materials shall be recycled and weight tickets provided to the COR.

12. SITE UTILITIES

12.1. The Contractor shall note this scope of work does not detail all existing structures, utilities, or components that may potentially interfere with the contract work required. All proposed utility relocations, reallocations, and shutdowns shall be approved by the COR prior to commencing such work. The contractor shall field verify all existing utility installations and take appropriate action prior to working around any potential utility installation.

12.2. In the event a shutdown, restriction, or interruption of any utility services is required, a written request shall be submitted to the COR with a minimum of 72 hours’ notice. Requests shall be approved by the COR prior to commencing work.

13. PROJECT SAFETY

13.1. Contractor shall comply with the following and keep a copy of the attached on site at all times:

13.1.1. OSHA

13.1.2. Infection Control Risk Assessment (completed on site by phase)

13.1.3. Hot work Permits, required as needed

13.1.4. Confined Space Permits, required as needed

14. INTERIM LIFE SAFETY PROTECTION MEASURES

14.1. Contractor is not required to prepare a formal interim life safety measures plan for this project. At a minimum, contractor shall comply with the following requirements of an interim life safety measures and fire protection plan:

14.1.1. Maintain the construction area to minimize the potential for fire or safety hazards resulting from storage of construction material, construction waste and debris during construction operations.

15. MATERIAL & WORKMANSHIP QUALITY

15.1. All materials and workmanship shall comply with all codes, standards, and recommendations of all Authorities Having Jurisdiction (AHJ), including the city of Houston and the state of Texas. All work shall be done in a first class manner according to the best trade practices and to the satisfaction of the COR.

15.2. The Contractor shall provide VA personnel with the necessary training to properly operate all provided equipment and systems. Additionally, the Contractor shall provide complete warranty service support during the warranty period. All warranty service shall be performed by factory trained, English speaking, technically qualified servicemen and shall be responsible for recording all work actions in the customer’s maintenance log book. Contractor’s warranty support shall include all parts, service, labor, travel time, and expense to perform corrective repairs on the new turnkey installation.

16. SECURITY

16.1. All contractor personnel are subject to inspection of personal effects when entering or leaving the project site.

16.2. A&A requirements do not apply and a Security Accreditation Package is not required.

- - E N D - - -

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Repairs as listed in SOW.

Contract Period: Base POP Begin: 04-13-2026 POP End: 05-08-2026

Offerors must complete the divisional breakdown provided below and provide enough detail in their price proposals to allow the government to review and make an informed decision, ensuring the prices are fair and reasonable. The price proposals should include detailed pricing that makes up the entire division price.

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD & PROFIT:

BOND:

PROJECT TOTAL COST:

36C25626Q0549

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [] By the end of the base term of the contract 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.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of Clause) C.3 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 237110 assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.