36C25626R0113 FINAL.docx
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- Solicitation number
- 36C25626R0113
About this file
This is a Request for Quote (RFQ) for fire suppression system repair services at the Michael E. DeBakey VAMC in Houston, Texas. The solicitation number is 36C25626R0113, with a response deadline of September 7, 2026 at 14:00 CDT. The Government anticipates awarding a fixed-price Indefinite Delivery, Indefinite Quantity (IDIQ) contract with a base ordering period of one year and four one-year option periods. This solicitation is 100% set-aside for service-disabled veteran-owned small businesses (SDVOSB) under NAICS code 561210 (Facilities Support Services) with a $34.0 million size standard. Quotes must be submitted electronically to felicia.lovelady@va.gov with a 10MB email limit; hand-delivered and faxed quotes will not be accepted. The question deadline is August 28, 2026 at 14:00 CDT, with responses provided via solicitation amendment.
The scope of work requires the contractor to furnish labor, supervision, tools, equipment, parts, and materials to repair identified deficiencies in the existing fire suppression system and restore affected components to proper operating condition. Work is limited to specific items identified in inspection reports, punch lists, or site observation logs and includes correcting leaks, damaged piping, faulty nozzles, impaired valves, damaged actuators, and loose supports, with post-repair testing required. Work hours are Monday through Saturday, 7:00 a.m. to 5:30 p.m., and may include federal holidays if authorized. The contractor must employ qualified, licensed personnel with Honeywell Notifier certification, NICET Level 2 qualification, OSHA 10-hour safety training, and factory training on applicable systems. A one-year warranty on labor and materials is required, with all work performed in accordance with NFPA codes and applicable fire safety standards. Pricing includes 1,800 combined hours for two certified technicians per year at a single blended fully-loaded hourly rate, plus a parts rider not-to-exceed $18,000 per year. The base period runs September 21, 2026 through September 20, 2027, with four one-year option periods extending through September 20, 2031. Invoices must be submitted electronically within 30 days after service completion to the VA's Tungsten Network portal and must include detailed information matching service tickets.
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Other files
| File | Type | Posted |
|---|---|---|
| FIRE SUPPRESSION SYSTEM REPAIRS - PRE-BID RFIs - COMPLETE.docx | DOCX document | |
| 36C25626R0113 0002.docx | DOCX document | |
| WD 2015-5233 8-22-2026.pdf | ||
| 36C25626R0113 0001.docx | DOCX document | |
| 36C25626R0113 FINAL.docx | DOCX document |
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Text version
36C25626R0113
| SUBJECT |
| FIRE SUPPRESSION SYSTEM REPAIRS (VA-26-00075910) (VA-26-00083574) |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE |
| 71306-9004 |
| SOLICITATION NUMBER |
| 36C25626R0113 |
| RESPONSE DATE/TIME/ZONE |
| 09-07-2026 14:00 CENTRAL TIME, CHICAGO, USA |
| ARCHIVE |
| 60 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
| SET-ASIDE |
| SDVOSBC |
| PRODUCT SERVICE CODE |
| J042 |
| NAICS CODE |
| 561210 |
| CONTRACTING OFFICE ADDRESS |
| ALEXANDRIA VA HEALTH CARE SYSTEM |
NETWORK CONTRACTING OFFICE 16
ALEXANDRIA VA HEALTH CARE SYSTEM
PO BOX 69004
ALEXANDRIA LA 71306-9004
POINT OF CONTACT
FELICIA LOVELADY
FELICIA.LOVELADY@VA.GOV
PLACE OF PERFORMANCE
| ADDRESS |
| DEPARTMENT OF VETERANS AFFAIRS |
MICHAEL E DEBAKEY VAMC
2002 HOLCOMBE BLVD
HOUSTON TX
| POSTAL CODE |
| 77030 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
AGENCY’S URL
URL DESCRIPTION
DESCRIPTION
Fire Suppression System Repair Services IDIQ for Houston VAMC
(i) This is a combined synopsis/solicitation for commercial services prepared in accordance with Revolutionary FAR Overhaul (RFO) Part 12 and 16. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.
* *The deadline for all questions is 14:00 CDT, August 28, 2026.
All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.
** Quotes are to be provided to felicia.lovelady@va.gov no later than 14:00 CDT, September 7, 2026.
Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (10MB email limit). The Government reserves the right to make the award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the quote (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety and signed and dated. Failure to do so will result in the quotation not being considered for award.
| (ii) | This is a Request for Quote (RFQ), and the solicitation number is 36C25626R0113. The government anticipates awarding a Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract resulting from this solicitation. |
| (iii) | This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01 effective March 13, 2026. |
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
| (iv) | The North American Industrial Classification System (NAICS) code for this procurement is 561210 with a business size standard of $34.0 Million. This solicitation is 100% set-aside for service-disabled veteran owned small businesses (SDVOSB). |
| = Required Field | |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
Table of Contents
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 5 |
| B.1 CONTRACT ADMINISTRATION DATA | 5 |
| B.2 Scope of Work | 6 |
| B.3 PRICE/COST SCHEDULE | 9 |
| ITEM INFORMATION | 9 |
| SECTION C - CONTRACT CLAUSES | 13 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 13 |
| C.2 52.216-18 ORDERING (AUG 2020) | 18 |
| C.3 52.216-19 ORDER LIMITATIONS (OCT 1995) | 19 |
| C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION) | 19 |
| C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 20 |
| C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 20 |
| C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION) | 20 |
| C.8 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) | 22 |
| C.9 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION) | 23 |
| C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS | 24 |
| C.11 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) | 24 |
| C.12 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 24 |
| C.13 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION) (MAR 2026) | 34 |
| C.14 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 37 |
| C.15 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 40 |
| C.16 VAAR 852.237-75 KEY PERSONNEL (OCT 2019) | 41 |
| C.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 42 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 44 |
| SECTION E - SOLICITATION PROVISIONS | 45 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 45 |
| E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 47 |
| E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 49 |
| E.4 52.233-2 SERVICE OF PROTEST (SEP 2006) | 49 |
| E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 49 |
| E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 53 |
| E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 54 |
| E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 55 |
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
ALEXANDRIA VA HEALTH CARE SYSTEM
NETWORK CONTRACTING OFFICE 16
ALEXANDRIA VA HEALTH CARE SYSTEM
PO BOX 69004
ALEXANDRIA LA 71306-9004
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] IAW TASK ORDERS |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 Scope of Work Fire Suppression Repairs The contractor shall furnish all labor, supervision, tools, equipment, parts, and materials necessary to repair the identified deficiencies in the existing fire suppression system at Michael E. DeBakey Medical Center, 2002 Holcombe Blvd, Houston, Texas 77030, and restore the affected components to proper operating condition. Work shall be limited to the specific items identified in the inspection report, punch list, or site observation log.
Work Included
· Repair only the fire suppression system items specifically identified as deficient.
· Replace damaged, defective, missing, or noncompliant components directly related to the identified repair items.
· Correct leaks, damaged piping, faulty nozzles, impaired valves, damaged actuators, loose supports, and other listed deficiencies.
· Restore affected system components to proper working order.
· Perform post-repair testing to confirm the repaired items operate as intended.
Work Hours
· Work shall be performed Monday through Saturday, 7:00 a.m. to 5:30 p.m.
· Work may also be performed on federal holidays if authorized by the owner or facility representative.
Federal Holidays
· New Year’s Day.
· Birthday of Martin Luther King, Jr.
· Washington’s Birthday.
· Memorial Day.
· Juneteenth National Independence Day.
· Independence Day.
· Labor Day.
· Columbus Day.
· Veterans Day.
· Thanksgiving Day.
· Christmas Day.
Work Limits
· Work shall be limited to the identified fire suppression system repair items only.
· No unrelated upgrades, full-system replacement, or additional corrective work is included unless separately authorized in writing.
· Any additional deficiencies discovered during the repair work shall be documented and submitted to the owner for review before proceeding.
Licensing Requirement Contractor shall provide qualified, licensed personnel performing repair, testing and shall be factory trained on the systems the Contractor personnel are working on. Contractor shall provide one (1) person per applicable task that is Honeywell Notifier Licensed and National Institute for Certification in Engineering (NICET) Level 2 qualified per NFPA, local fire codes, Texas Department of Licensing and Regulation (TDLR), and approved by the Authority Having Jurisdiction (AHJ) as a senior certified technician with each technical personnel having completed the Occupational Safety Health Administration (OSHA) approved 10-hour safety training.
Warranty The contractor shall warrant all labor and materials furnished under this scope of work for a period of one (1) year from substantial completion. Any defects in materials or workmanship discovered during the warranty period shall be corrected by the contractor at no additional cost to the owner. This warranty excludes damage caused by misuse, abuse, neglect, normal wear, unauthorized alterations, vandalism, or acts of others. Manufacturer warranties on supplied parts shall apply where applicable.
Deliverables
· Provide a written summary of repairs completed, parts replaced, and deficiencies corrected.
· Provide test results and any required inspection or service documentation.
· Leave the repaired system in a fully operational condition.
Code Compliance All repair work shall be completed in accordance with applicable fire code requirements, manufacturer instructions, and Authority Having Jurisdiction requirements.
Invoice and Payment:
The Contractor shall submit requests for payment electronically to the VA’s Tungsten Network (https://www.fsc.va.gov/einvoice.asp). All invoices shall be submitted in arrears within thirty (30) days after completion of service for all authorized work performed and upon receipt of a properly prepared invoice in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.
At a minimum, all invoices shall include the following details:
Purchase Order (PO) number and Contract number Company Name, Address, and Telephone number Invoice Date Invoice Number CLINs covered (to include serial #’s) by the preventative maintenance inspection and covered period of service.
Repair of Fire Suppression System:
Repair and Modifications/Installations of Existing Fire Alarm/Sprinkler Systems the Contractor shall coordinate any repairs, modification and inspections with the COR. Work shall be performed in accordance with NFPA 101, 72, 90A, 25, 17A and 13 required acceptable Fire Safety Standards, as they apply.
Contractor shall provide a cost estimate (quote) that includes specific costs broken out for labor and materials: The cost estimate shall include the deficiency identifier assigned to it by the Inspection Contractor if applicable. The COR may verbally approve to order parts and schedule the work; however, approved in writing by the COR or the Contracting Officer. The Service Line will submit an acquisition plan electronically through FORCE for work as within scope to the Contracting Officer to approve the cost estimate to stay within time perimeters.
Contractor shall supply all devices and parts.
Any troubles or impairments detected in the system; the Contractor shall notify the COR with a Corrective Action Plan. Once COR gives the approval work shall be completed within 3 working days. The Contractor shall submit a complete written report of the work performed, parts replaced, testing results, recommended repair procedures, testing procedures, and locations of devices and equipment. The Contractor shall provide a service ticket of all work performed to include a basic diagram identifying the parts by device address label and room numbers, the Contractor shall identify each deficiency corrected by the number assigned by the Inspection Contractor. Corrections for no more than one (1) building shall be included in each service ticket. The service ticket shall be provided electronically to the COR the day the work is completed.
DOCUMENTATION REQUIREMENTS: The Contractor shall provide an electronic service ticket identifying each repair corrected or device installed as well as a service ticket identifying each repair corrected or device installed. The service ticket shall be signed by the designated VA point of contact (POC), or the COR to verify the work is complete, and before the Contractor leaves that day. The signed service ticket shall be submitted by the Contractor, along with the invoice to the Tungsten portal to receive payment.
**The Government anticipates awarding a single award firm fixed price IDIQ with a base ordering period of one year with four one-year option periods.
Task orders will be placed as needed throughout the ordering periods.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1,800.00 |
| HR |
| ________________ |
| ________________ |
The contractor shall furnish all labor, supervision, tools, equipment, parts, and materials necessary to repair the identified deficiencies in the existing fire suppression system at Michael E. DeBakey Medical Center, 2002 Holcombe Blvd, Houston, Texas 77030, and restore the affected components to proper operating condition. Work shall be limited to the specific items identified in the inspection report, punch list, or site observation log. Two certified fire suppression system technicians - The 1,800-hour estimate reflects a combined total of both required technicians; offerors shall propose a single blended fully-loaded hourly rate.
PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials
| 1.00 |
| LT |
| $18,000_________ |
| $18,000 |
PARTS RIDER NTE $18,000
Contract Period: Base POP Begin: 09-21-2026 POP End: 09-20-2027
PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials.
| 1,800.00 |
| HR |
| ________________ |
| ________________ |
The contractor shall furnish all labor, supervision, tools, equipment, parts, and materials necessary to repair the identified deficiencies in the existing fire suppression system at Michael E. DeBakey Medical Center, 2002 Holcombe Blvd, Houston, Texas 77030, and restore the affected components to proper operating condition. Work shall be limited to the specific items identified in the inspection report, punch list, or site observation log. Two certified fire suppression system technicians - The 1,800-hour estimate reflects a combined total of both required technicians; offerors shall propose a single blended fully-loaded hourly rate.
Contract Period: Option 1 POP Begin: 09-21-2027 POP End: 09-20-2028
PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials
| 1.00 |
| LT |
| $18,000__ |
| $18,000__ |
PARTS RIDER NTE $18,000
Contract Period: Option 1 POP Begin: 09-21-2027 POP End: 09-20-2028
PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials
| 1,800.00 |
| HR |
| ________________ |
| ________________ |
The contractor shall furnish all labor, supervision, tools, equipment, parts, and materials necessary to repair the identified deficiencies in the existing fire suppression system at Michael E. DeBakey Medical Center, 2002 Holcombe Blvd, Houston, Texas 77030, and restore the affected components to proper operating condition. Work shall be limited to the specific items identified in the inspection report, punch list, or site observation log. Two certified fire suppression system technicians - The 1,800-hour estimate reflects a combined total of both required technicians; offerors shall propose a single blended fully-loaded hourly rate.
Contract Period: Option 2 POP Begin: 09-21-2028 POP End: 09-20-2029
PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials
| 1.00 |
| LT |
| $18,000__ |
| $18,000__ |
PARTS RIDER NTE $18,000
Contract Period: Option 2 POP Begin: 09-21-2028 POP End: 09-20-2029
PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials
| 1,800.00 |
| HR |
| ________________ |
| ________________ |
The contractor shall furnish all labor, supervision, tools, equipment, parts, and materials necessary to repair the identified deficiencies in the existing fire suppression system at Michael E. DeBakey Medical Center, 2002 Holcombe Blvd, Houston, Texas 77030, and restore the affected components to proper operating condition. Work shall be limited to the specific items identified in the inspection report, punch list, or site observation log. Two certified fire suppression system technicians - The 1,800-hour estimate reflects a combined total of both required technicians; offerors shall propose a single blended fully-loaded hourly rate.
Contract Period: Option 3 POP Begin: 09-21-2029 POP End: 09-20-2030
PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials
| 1.00 |
| LT |
| $18,000__ |
| $18,000__ |
PARTS RIDER NTE $18,000
Contract Period: Option 3 POP Begin: 09-21-2029 POP End: 09-20-2030
PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials
| 1,800.00 |
| HR |
| ________________ |
| ________________ |
The contractor shall furnish all labor, supervision, tools, equipment, parts, and materials necessary to repair the identified deficiencies in the existing fire suppression system at Michael E. DeBakey Medical Center, 2002 Holcombe Blvd, Houston, Texas 77030, and restore the affected components to proper operating condition. Work shall be limited to the specific items identified in the inspection report, punch list, or site observation log. Two certified fire suppression system technicians - The 1,800-hour estimate reflects a combined total of both required technicians; offerors shall propose a single blended fully-loaded hourly rate.
Contract Period: Option 4 POP Begin: 09-21-2030 POP End: 09-20-2031
PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials
| 1.00 |
| LT |
| $18,000__ |
| $18,000__ |
PARTS RIDER NTE $18,000
Contract Period: Option 4 POP Begin: 09-21-2030 POP End: 09-20-2031
PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials
| GRAND TOTAL |
| __________________ |
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract,
(5) Solicitation provisions incorporated in the solicitation.
(6) Other paragraphs of this clause.
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause) 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 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 09-21-2026 through 09-20-2031.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $500,000.00;
(2) Any order for a combination of items in excess of $500,000.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 9-20-2031.
(End of Clause)
C.5 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 5 days of expiration.
(End of Clause)
C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
C.7 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 [X] 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.8 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026)
(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of Clause)
C.9 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this clause— Sustainable products means—
(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).
(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).
(3) A biobased product that meets the content requirements of the USDA under the Bio Preferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)
(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).
(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—
(1) Delivered to the Government;
(2) Furnished for use by the Government;
(3) Incorporated into the construction of a public building or public work; or
(4) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.
(End of Clause)
C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers’ liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrence.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
(End of Clause)
C.11 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond 9-30-2026. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated…
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