36C25627R0004.pdf

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J041--OBVAMC Chiller Maintenance Service- RFQ
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36C25627R0004
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Solicitation Summary: RFQ 36C25627R0004 – Chiller Maintenance and Support Services

This is a combined synopsis and RFQ for preventative maintenance and support services for heating, ventilation, and air-conditioning (HVAC) chiller equipment at the Overton Brooks VA Medical Center in Shreveport, Louisiana. The Department of Veterans Affairs is issuing this total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside with NAICS code 238220 and a $19 million size standard. The five-year indefinite-quantity, firm-fixed-price contract comprises five one-year ordering periods (October 1, 2026 through September 30, 2031), with a guaranteed minimum award of $2,500 and a baseline monthly service unit of 12 months per ordering period. The contractor must provide all labor, materials, tools, equipment, supervision, and transportation for preventative maintenance, inspections, testing, and cleaning on three York chillers and one Trane chiller, including associated Evapco cooling towers.

Quotations are due by August 31, 2026 at 10:00 A.M. Central Time via email to Alan Scanio (alan.scanio@va.gov), with questions due by August 25, 2026. Award will be made to the lowest-priced technically acceptable (LPTA) quoter. The Performance Work Statement requires EPA 608 Universal Certification, Louisiana HVAC licensure, OSHA ten-hour safety training, manufacturer certifications (York, Trane, Evapco), monthly preventative maintenance with leak testing and electrical verification, quarterly cooling tower maintenance, annual megohm motor testing and oil analysis, and monthly reporting within 48 hours. The contractor must maintain Service Contract Act compliance (WD #2015-5191) with prevailing wage rates for Louisiana counties, comply with limitations on subcontracting (50% for services), and meet security and access requirements including background checks. The contract includes electronic invoicing via the FSC e-Invoice Payment system and monthly payment terms.

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A.1 COMBINED SYNOPSIS/SOLICITATION

1. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

2. The combined synopsis/solicitation number is 36C25627R0004. Solicitation number 36C25627R0004 is issued as a RFQ for Chiller Maintenance and Support for the Overton Brooks VA Medical Center (OBVAMC)

3. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2026-01 (eff. 03/13/2026)

4. This requirement is Total Service-Disabled Veteran-Owned Small Business (SDVOSB) Set Aside. The North American Industry Classification System number is 238220 with a size standard of $19M. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

5. Contract Line Items:

CLIN Description Quantity Unit 0001 The Contractor shall provide labor, equipment and supplies to provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

12 MO

1001 The Contractor shall provide labor, equipment and supplies to provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

12 MO

2001 The Contractor shall provide labor, equipment and supplies to provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

12 MO

3001 The Contractor shall provide labor, equipment and supplies to provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

12 MO

4001 The Contractor shall provide labor, equipment and supplies to provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

12 MO

6. The contractor shall provide all labor, materials, tools, equipment, supervision, and transportation necessary to perform preventative maintenance, inspections, testing, and cleaning on three York chillers and one Trane chiller.

7. Place of Performance:

Overton Brooks VA Medical Center 510 East Stoner Avenue Shreveport Louisiana

8. Period of Performance: This Contract has a Term of 5 years, comprised of five one-year ordering periods. The period of performance will be specified in individual task orders issued under this Contract.

9. All questions regarding this solicitation shall be submitted via email to the Contract Specialist, Alan Scanio at alan.scanio@va.gov no later than 10:00A.M. Central Time on 08/25/2026.

10. Quotes are due no later than 08/31/2026 at 10:00A.M. Central Time and shall be submitted electronically via e-mail to the Contract Specialist, Alan Scanio at alan.scanio@va.gov

APPLICABLE Provisions and Clauses:

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR.

PLEASE REFER TO PAGE 62 FOR EVALUATION FACTORS, PAGE 52 FOR QUOTATION

INSTRUCTIONS.

mailto:alan.scanio@va.gov

36C25627R0004

Table of Contents

A.1 COMBINED SYNOPSIS/SOLICITATION

SECTION B – CONTINUATION OF COMBINED SYNOPSIS-SOLICITATION

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) ... 21

C.7 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.8 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) ... 23

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

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

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 SERVICE CONTRACT ACT WD #: 2015-5191

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025) (DEVIATION)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)60

E.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT

2025) (DEVIATION)

SECTION B – CONTINUATION OF COMBINED SYNOPSIS-

SOLICITATION

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 Peter Wren peter.wren@va.gov

Contract Specialist 36C256 Alan Scanio alan.scanio@va.gov

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S

QUANTIT

Y UNIT UNIT PRICE AMOUNT

12.00 MO ____________ ____________

The Contractor shall provide labor, equipment and supplies to provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment Ordering Period 1: 10/01/2026 - 09/30/2027

12.00 MO ____________ ____________

provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and

Ordering Period 2: 10/01/2027 - 09/30/2028

12.00 MO ____________ ___________

provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and

Ordering Period 3: 10/01/2028 - 09/30/2029

12.00 MO ____________

The Contractor shall provide labor, equipment and supplies to provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and

Ordering Period 4: 10/01/2029 - 09/30/2030

12.00 MO ____________

The Contractor shall provide labor, equipment and supplies to provide maintenance for three (3) York and one (1) Trane Chillers as described in the PWS.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and

Ordering Period 5: 10/01/2030 - 09/30/2031

GRAND

TOTAL

(1) Orders may be issued by mail, email, or facsimile.

(2) Orders may only be placed by warranted contracting officers of VHA NCO 16.

(3) Orders will be priced based on the price(s) in effect on the date the order is signed by the Contracting Officer.

(4) All quantities listed in the price schedule are estimated quantities. Contractor shall invoice for actual quantities expended, not estimated quantities.

(5) The guaranteed minimum award amount for this contract is $2,500.00.

(6) The maximum aggregate value of orders that can be placed under this contract is $__________. This amount shall not be exceeded by any individual order, or combination of orders placed. The Government does not guarantee that it will place any orders under this contract more than the guaranteed minimum award amount.

(7) Neither this contract nor any order placed against it authorize payment of any cancellation charges to the contractor or any other entity, including but not limited to subcontractors.

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Overton Brooks VA Medical Center 510 East Stoner Avenue Shreveport, LA 71101 4243

12.00 10/01/2026 - 09/30/2027

MARK FOR: Trenton Thomas 318-990-4398 Trenton.Thomas@va.gov

FOB: DESTINATION

1001 SHIP TO: Overton Brooks VA Medical Center 510 East Stoner Avenue Shreveport, LA 71101 4243

12.00 10/01/2027 - 09/30/2028

MARK FOR: Trenton Thomas

2001 SHIP TO: Overton Brooks VA Medical

510 East Stoner Avenue Shreveport, LA 71101 4243

12.00 10/01/2028 - 09/30/2029

MARK FOR: Trenton Thomas

3001 SHIP TO: Overton Brooks VA Medical

510 East Stoner Avenue Shreveport, LA 71101 4243

12.00 10/01/2029 - 09/30/2030

MARK FOR: Trenton Thomas

4001 SHIP TO: Overton Brooks VA Medical

510 East Stoner Avenue Shreveport, LA 71101 4243

12.00 10/01/2030 - 09/30/2031

MARK FOR: Trenton Thomas

B.4 PERFORMANCE WORK STATEMENT

Chiller Preventative Maintenance Performance Work Statement and QASP

1. Scope

The contractor shall provide all labor, materials, tools, equipment, supervision, and transportation necessary to perform preventative maintenance, inspections, testing, and cleaning on three York chillers and one Trane chiller. All work shall comply with manufacturer requirements, OSHA requirements, Environmental Protection Agency requirements, and all applicable federal, state, and local laws.

2. Place of Performance

Overton Brooks VA Medical Center 510 East Stoner Avenue Shreveport, LA 71101

3. Period of Performance

This Contract has an ordering period of October 1, 2026, through September 30, 2031. Periods of performance will be specified in each individual task order.

4. Normal Working Hours

Normal work hours are Monday through Friday, 8:00 a.m. to 4:30 p.m., except federal holidays.

5. Federal Holidays

New Year’s Day January 1 Martin Luther King Jr.’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 14 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday.

When a holiday falls on a Saturday, the preceding Friday is observed by the US government agencies.

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

- Any other day designated by Executive Order

- Any other day designated by the President’s Proclamation; and

- Any other day designated by Federal Statute

6. Changes/Modifications

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

If any service awarded under this requirement requires modification or removal the contractor shall notify the Contracting Officer, in writing, by the most expeditious manner possible. This notification shall include but not be limited to the following:

• The contract number and a complete description of the affected work.

• Reasons for modifications or removal.

• Necessary instructions for any corrective action.

7. Invoices

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

• Invoice Number and Date

• Contractor’s Name and Address

• Accurate Purchase Order Number

• Supply or Service provided

• Total Amount

8. Emergency and Urgent Response

No Emergency response is required under this Contract. Emergencies and urgent unscheduled work will be accomplished by others.

9. Applicable Equipment

York Chiller 1 Model YKLGLLH9 EVHS Serial SKKM088520

York Chiller 2 Model YKLGLLH9 EVHS Serial SKKM088530

York Chiller 3 Model YKLGLLH9 EVHS Serial SKKM088540

Trane Chiller 4 Model CVHE 1N 3B Serial L03F05451 seasonal

Evapco Cooling Tower Model AXS14-16024 Serial 21P111885

Evapco Cooling Tower Model AXS14-16024 Serial 21P111884

Evapco Cooling Tower Model AXS14-16024 Serial 21P111883

Evapco Cooling Tower Model AT19-3L14 Serial 22P129656

10. Contractor Qualifications. Contractor employees shall have current and valid professional certifications and licenses required to perform the work in this PWS, prior to contract award. All certification and licensing requirements by the Federal, State, and local agencies shall be complied with at the contractor's expense.

EPA 608 Universal Certification

State of Louisiana HVAC license if required by state law

OSHA ten-hour minimum safety training

Training on lockout and tagout procedures

Training on VA Medical Center safety protocols

York, Trane and Evapco Industry certification.

9. OEM Specific Maintenance Intervals

York YK Series Requirements

Monthly leak testing and electrical tightening

Quarterly leak testing

Annual megohm motor testing, filter and drier replacement, oil analysis, vibration analysis, tube cleaning

Eddy current tube inspection every two to five years

Trane CVHE Requirements

Quarterly cleaning of water strainers

Semiannual lubrication of linkage bearings and purge maintenance

Annual inspection of controls, safety devices, and system components

11. Monthly Preventative Maintenance Requirements

Check oil return system operation

Inspect motor starter operation

Test sump heater and thermostat

Check three phase voltage and current balance

Verify condenser and evaporator water flow

Verify and calibrate all chiller safety controls

Inspect for leaks and conduct refrigerant leak testing

Check purge unit on Trane chiller

Check oil and refrigerant levels

Record all operating conditions

12. Annual Maintenance Requirements

Tighten electrical connections

Perform megohm testing on motor windings

Replace oil filters and oil return filter driers

Clean or back flush heat exchangers

Replace starter coolant if applicable

Clean or replace air filters

Clean tubes

Verify motor lubrication

Perform oil analysis

Perform vibration analysis

13. Annual Cooling Tower Maintenance

Clean upper and lower decks

Clean fill material

Clean tower sumps

Clean tower strainers

Inspect all mechanical components

Check motor voltage and meg windings

Change gearbox oil every five years

Inspect and test all controls and drives

Verify condenser water bypass valve operation

14. Safety Requirements

Contractor personnel shall comply with OSHA requirements, VA Safety Office procedures, and all site-specific safety rules. Contractor must maintain an accident reporting program.

15. Security and Access Requirements

All contractor employees shall undergo background checks as required by VA policy and shall obtain temporary or permanent badges before starting work.

16. Deliverables

Monthly preventative maintenance report submitted within 48 hours

Annual maintenance report submitted within five business days

Cooling tower inspection report submitted within five business days

Oil and vibration analysis reports

Emergency repair findings if applicable

17. Remedies and Liquidated Damages

Monthly report late: 0.25% deduction per day up to five percent

Annual maintenance late: 0.5% per day up to ten percent

Emergency response beyond four hours: 1% per hour up to 20% of service visit invoice

Preventable break fix event: 5% of repair cost or time and materials invoice

Repeat deficiency: 1% deduction per recurrence up to 5%

18. Records Management Requirements

Contractor shall comply with all federal and VA records management policies. Records may not be removed, destroyed, altered, or disposed of without written approval from the Contracting Officer.

19. Invoicing Requirements

Invoices shall be submitted through the Tungsten system and must include the contract number, dates of service, and confirmation of completed deliverables.

Quality Assurance Surveillance Plan

This QASP establishes methods for the Government to assess contractor performance in compliance with the PWS.

Performance Objectives and Acceptable Levels

Monthly Maintenance: 100 percent compliance

Annual Maintenance: 100 percent compliance

Cooling Tower Maintenance: 95% pass on first inspection

Emergency Response: Arrival within four hours

Scanio, Alan P.

I can remove this if you do not think it is appropriate. I don’t know if we do LD determinations here, but I can do one if we need to.

Urgent Response: Arrival within 24 hours

Reporting: 95% submitted on time

Records Management: Zero violations

OEM Compliance: All OEM intervals met with supporting documentation

Remedies

Unsatisfactory performance may result in deductions, cure notice, or termination if required by the circumstances.

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 10/01/2026 through 09/30/2031.

(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 $___________;

(2) Any order for a combination of items in excess of $___________; or

(3) A series of orders from the same ordering office within 60 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 09/30/2031.

(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 30 days.

(End of Clause)

C.6 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

C.7 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.8 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 BioPreferred® 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).

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.energy.gov/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energy.gov/femp/low-standby-power-product-list https://www.energy.gov/femp/low-standby-power-product-list https://www.biopreferred.gov/ 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

(c) 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.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

https://www.sam.gov

Covered telecommunications equipment or services means—

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

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

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

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

Critical technology means—

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

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

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

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

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

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

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

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

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

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

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

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral…

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