S02 36C25726Q0361.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

671-26-2-5476-0104

36C25726Q0361 03-23-2026

Melanie Williams 210-694-6378 04-03-2026 1:00pm CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

238220

$19 Million

N/A

X

36C671

Department of Veterans Affairs Audie L. Murphy VA Medical Center 7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229-4401

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

Furnish and install new Amico zone valve box, Amico LCD area alarm panel, and Amico DISS outlets / inlets as outlined within the Statement of Work (SOW).

Please see Addendum to FAR 52.212-1 Instructions to Offerors for additional information.

See CONTINUATION Page

X X

X 1

Melanie Williams Contracting Officer

36C25726Q0361

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MAR 2026)

(DEVIATION)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E. 3 BASIS FOR AWARD

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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: TBD

b. GOVERNMENT: Contract Specialist - Melanie Williams | melanie.williams5@va.gov

Department of Veterans Affairs Network Contracting Office (NCO) 17 5441 Babcock Road, Suite 302 San Antonio, TX 78240

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

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

3. INVOICES: Upon completion of services.

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

mailto:melanie.williams5@va.gov

B.2 STATEMENT OF WORK

STATEMENT OF WORK

PROJECT NAME: 1st Floor Fast Track Medical Gas and Piping System

1. PROJECT OVERVIEW:

The Department of Veteran Affairs 1ST floor Emergency Department Fast track is requesting updated medical air gas and piping installation in ten (10) Fastrack emergency rooms. Currently these ten (10) rooms are without medical gas for use in case of any type of medical emergency requiring the use of medical gas. The contractor shall provide the installation and materials for the new medical gas systems. This will also include a 3rd party certification on all work performed. All work performed shall comply with VA guidelines and requirements. Refer to specific requirements below.

2. SCOPE OF WORK:

- Provide and furnish all labor, materials, supplies, engineering, start-up system, tools and equipment, transportation, supervision, and removal of all debris.

- Furnish and install new Amico 3 gas, OAV 3/4," 3/4," 1" zone valve box.

- Furnish and install new Amico LCD area alarm panel. Electrical and low voltage is excluded. This will be run and terminated by the VA. Power is 120VAC E-Power. LV Wire is 18/6 twisted / stranded / shielded plenum rated wire from ZVB to AAP.

- Furnish and install new Amico DISS outlets / inlets in ER Fast Track rooms 1 through 10. One (1)

O2, one (1) MA, one (1) MV, and one (1) slide per room. Point of Contact (POC) is in the interstitial where there are a set of existing service valves that are labeled "not in service”.

The contractor shall be responsible for obtaining and coordinating the services of all third-party contractors performing other services on site and other entities as part of the contract to ensure the expected quality, timely delivery, and documented final product.

Government inspection of the work and progress payments does not constitute acceptance. All punch list items shall be completed prior to the government’s final acceptance and/or to the government reoccupying the area/facility. The contractor shall comply with best construction practices, building codes, manufacturer’s instructions and general specifications of workmanship and corresponding system’s installation and operation.

Place of Performance Audie L. Murphy VA Medical Center 7400 Merton Mintor 1st Floor Emergency Department San Antonio, TX 78229

3. Contract Requirements

3.1. Contractor shall notify the VA POC before starting work to notify projected start date and to coordinate work. Work shall be done during regular work hours with appropriate barriers and infection prevention and safety measures in place to avoid disruption of clinic operations. The contractor shall provide, construct, and maintain barriers, signs whenever applicable, in accordance with the VA Infection Control (IC) standards. Site shall be secured at all times preventing unauthorized entry.

3.2. Contractor shall assign a main point of contact, in writing, who will be the key point of contact for VA and the contractor when communication with contractor is necessary throughout the performance of this job. The contractor shall provide notification in writing to the VA POC stating that completion of work and testing has been done.

3.3. Contractor personnel working on-site at any VA location shall adhere to the rules and regulations in place at the specific VA location. The contractor's employees are required to wear an identification tag or badge, at a minimum to include the name of the contractor and the employee's name while on the premises of the building.

3.4. Possession of weapons is prohibited. Enclosed containers, including personnel items, shall be subject to search. Violations of VA regulations may result in citation answerable in the United Sates (Federal) District Court, not a local district, state, or municipal court. Smoking is strictly prohibited in the building, on the rooftop, and on the grounds/premises.

3.5. The contractor shall, at all times, keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government.

3.6. The contractor shall obtain any and all required licenses required to perform the required work.

3.7. The contractor shall comply with all local building and fire codes. Where cable and wire penetrate through fire/smoke partitions, firewalls, or floors, the contractor shall provide and install fire stopping material according to corresponding wall rating, type approved by VAMC Chief, Engineering.

3.8. The contractor shall not use gasoline, benzene, alcohol, naphtha, carbon tetrachloride, or turpentine for cleaning any part of the equipment. Flammable materials shall be kept in suitable places outside the building.

3.9. The c ontractor shall be responsible for all communication closet keys that are issued to accomplish the work. The telecommunication closets will be always secured. Access must be requested in advance of at least 72 hours minimum.

3.10. All incidental work associated with the installation and construction work on the exterior and / or interior of the building shall be included in the base bid.

3.11. The contractor shall comply with infectious control measures to contain dust, particles, and/or materials for work above and below the ceiling tiles IAW Veteran Health Administration (VHA) 01-35-26 safety requirements.

3.12. WORKING HOURS: Work shall be done during normal hours of operation for VA sites. The contractor may request night or weekend work through the VA POC, however there is no guarantee that the request shall be approved. Contractors shall plan for the following work hours (Monday – Friday from 7:00am – 4:30pm), except for Federal Holidays.

3.13. SPECIFIC PROJECT REQUIREMENTS

3.14. The work shall be in accordance with the following:

3.14.1. Latest Editions of VA Design Manual and Guides, Latest Edition of VA Standards and Directives, ASHRAE, OSHA, NFPA, NEC, ASME,AWS, ASHE, Federal and Industrial Requirements and Regulation, Building Codes and Standards, TJC, FGI, ABAAS, VA signage design manual, VHA Space Planning Criteria (263) PACT Interim and (265) CBOC, PSRDM and the current edition Handbook 0730 SECURITY AND LAW ENFORCEMENT along with the amendments 0730/4 and 0730/5.

3.14.2. The contractor shall keep the VA POC informed at all times on the status and project progress.

3.14.3. Contractor shall take meeting minutes and distribute meeting minutes to VA POC within three (3) days of meeting. Meeting minutes shall be submitted by the Contractor and approved by the VA POC. The VA POC shall prepare written records of phone conversations addressing major issues and furnish a copy to the Contracting Officer within five (5) calendar days of contact.

3.14.4. Detailed specifications and/or notes, regarding the removal or relocation of existing equipment and/or system shall be provided. Related equipment and / or units to remain shall be evaluated by the contractor, such equipment schedules shall be provided. Also, the contractor shall note any existing items to be re-used, cut, patched, or adapted.

4. Hospital Operations

4.1. It is the Contractor’s responsibility to provide a work plan allowing for continued operations of the VA. The VA POC shall review and approve the work plan. The work plan may require after-hours or weekend work.

4.2. Execute work to interfere as minimally as possible with normal functioning of the Audie L.

Murphy VA Medical Center, including operations of utility services, fire protection systems and any existing equipment, and work being done by others. Use of equipment and tools that transmit vibrations and noises through the building structure, are not permitted in buildings that are occupied by Veterans or VHA staff, except as approved by the VA POC.

4.3. Do not store materials and equipment in other than assigned areas.

4.4. Utilities Services: Where necessary to cut existing pipes, electrical wires, conduits, cables, etc., of utility services, or of fire protection systems or communications systems (except telephone), they shall be cut and capped at suitable places as directed by Contractor and approved by VA COR. All such actions shall be coordinated with the Contractor and VA POC. The contractor shall submit a request to interrupt any such services to the VA POC, in writing, seven (7) days in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption. Interruptions may have to be scheduled outside of normal Audie L. Murphy VA Medical Center operational hours.

4.5. The Contractor shall take all measures and provide all material necessary for protecting existing equipment and property in affected areas of work against dust and debris, so that equipment and affected areas to be used in Audie L. Murphy VA Medical Center operations will not be hindered. The contractor shall permit access to Department of Veterans Affairs personnel and patients through other construction areas which serve as routes of access to such affected areas and equipment. These routes whether access or egress shall be isolated from the construction area by temporary partitions and have walking surfaces, lighting etc. to facilitate patient and staff access. Coordinate alteration work in areas occupied by Department of Veterans Affairs so that Audie L. Murphy VA Medical Center operations will continue during the construction period.

4.6. Housekeeping: Accumulation of trash, paper, wood and metal shavings, sawdust, boxes, and other packing materials shall be cleaned up as often as necessary and at the end of each work day. No items are to remain on site overnight.

4.7. False Alarms: Fire Department response fees for false alarms caused by the contractor will be paid by the contractor.

4.8. Fire Watch: Provide fire watch for impairments more than 8 hours in a 24-hour period. Request for interruptions shall be coordinated with the facility safety officer and VA POC.

4.9. Parameters for the testing and results of any tests performed shall be recorded by the medical center and copies provided to the VA POC.

4.10. Smoking is strictly prohibited in all Government facilities, near flammable liquids, and highly combustible materials.

4.11. Security: Contractors will always wear security badge in plain sight above the waist at all times.

Contractors found without a badge shall be immediately removed from VA property by VA Police.

a. Upon award of contract, the contractor shall begin process to have a SAC Background Check performed to obtain a valid VA Contractor badge (if the contractor does not already have one and if necessary).

b. The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

• The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

• When no longer needed for contract performance.

• Upon completion of the Contractor employee’s employment.

• Upon contract completion or termination.

• The final payment may be delayed if the contractor fails to comply with these requirements.

• (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section.

5. Safety During Scheduled Work and Additional Requirements

5.1. Contractor will coordinate all work with existing work to remain and existing condition.

Any item damaged during removal is the contractor’s responsibility to replace with no additional cost to the government.

5.2. Protect patients and employees by not leaving any contractor’s tools or equipment unattended.

5.3. Possession of weapons is prohibited. Enclosed containers, including personnel items, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state or municipal court.

5.4. Permits: Contractor shall obtain/submit any and all permits associated with this project to the VA

POC. The contractor shall be responsible for coordination of obtaining any needed permits.

5.5. The Contractor shall designate a minimum of one Site Safety and Health Officer (SSHO) at each project site that will be identified as the SSHO to administer the Contractor’s safety program and government-accepted Accident Prevention Plan. Each subcontractor shall designate a minimum of one CP in compliance with 29 CFR 1926.20 (b)(2) that will be identified as a CP to administer their individual safety programs.

5.6. Further, all specialized competent persons for the work crews will be supplied by the respective contractor as required by 29 CFR 1926 (i.e. Asbestos, Electrical, Cranes, and Derricks, Demolition, Fall Protection. Fire Safety/Life Safety, Ladder, Rigging, Scaffolds, and Trenches/Excavations).

5.7. The SSHO or an equally-qualified Designated Representative/alternate will maintain a presence on the site during construction operations in accordance with FAR Clause 52.236-6:

Superintendence by the Contractor. CPs will maintain presence during their construction activities in accordance with above mentioned clause. A listing of the designated SSHO and all known CPs shall be submitted prior to the start of work as part of the APP with the training documentation and/or AHA as listed below in Section 1.4.6.

5.8. The designated SSHO must meet the requirements of all applicable OSHA standards and be capable (through training, experience, and qualifications) of ensuring that the requirements of 29 CFR 1926.16 and other appropriate Federal, State, and local requirements are met for the project.

As a minimum the SSHO must have completed the OSHA 30- hour Construction Safety class and have five (5) years of construction industry safety experience or three (3) years if he/she possesses a Certified Safety Professional (CSP) or certified Construction Safety and Health Technician (CSHT) certification or have a safety and health degree from an accredited university or college.

5.9. Safety and personal protective equipment (PPE) must be provided for each contractor employee by the contractor.

5.10. Seasonal Influenza Vaccination – VHA Directive 1192.01 establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities, through the vaccination of health care personnel (HCP). HCP are individuals who, during the influenza season, work in VHA locations or who come into contact with VA patients or other HCP as part of their duties.

HCP include all VA contractors who are expected to perform any or all of their work at VA facilities. Contracting Officers shall ensure the flu vaccination requirements outlined in this directive are expected in all HCP contracts. VA contracting officers are responsible for on-site HCP contract and will inform the contractors about this directive and its requirements.

5.11. Tuberculosis (TB) – Contractor is responsible for ensuring that contracted worker(s) have been screened for TB. The contractor must provide written certification, within 24 hours upon receiving notice to proceed to the COR that all contract employees assigned to the work site have had a pre-placement tuberculin screening prior to assignment to the work site and been found to be free of active TB. Testing results must be less than one year old.

5.12. Infection Control

5.12.1. An Accident Hazard Analysis associated with infection control will be performed by the Contractor and VA COR in accordance with FGI Guidelines (i.e. Infection Control Risk Assessment (ICRA)). The ICRA procedure found on the American Society for Healthcare Engineering (ASHE) website will be utilized. Construction Matrix (ashe.org)

5.12.2. All Contractors, construction workers and VA POCs must attend the Infection Prevention training annually. (Ten-minute DVD). All contractor employees shall have a current IC training sticker attached to their badges at all times. If this requirement is not met, workers shall be removed from construction site.

5.12.3. All contractors must have proof of positive or negative result purified protein derivative

(PPD’s) PRIOR to starting work.

5.12.3.1. The infection control risk assessment (ICRA) shall be written into the contract and specifications for all projects to prevent cost discrepancies.

5.12.3.2. Infection Prevention office needs to be notified if the air conditioning (AC) must be interrupted in areas that affect patient care.

5.12.3.3. Alterations: Infection Prevention Office will be notified of any work changes in areas of the building for anticipated routes of access.

5.12.3.4. All construction and installation work will comply with VA specifications for material and workmanship, NEC, NFPA, all applicable city, county, state, federal regulations, codes and OSHA standards. Refer to construction drawings and specs for requirements.

5.12.3.5. A HEPA filtered vacuum shall be used on site for small clean-ups in patient care areas that have an ICRA of 1 or 2.

5.12.3.6. When using the elevators patients are given first priority, please get off the elevator for the patient.

5.12.3.7. NEVER ride in the elevator with patients in beds and/or food service delivering trays.

5.12.3.8. Conduct work to interfere as least as possible with facility operations. All coordination for utilities shutdown shall be coordinated at least 72 hours prior to event with VA POC.

For major utility system shutdowns, coordination shall be done at least 1 week in advance.

5.12.4. The approved ICRA shall be reviewed and approved by the VA COR and posted at the work site.

5.12.5. The Contractor shall implement all measures required by the ICRA.

6. MANUALS, STANDARDS AND DESIGN GUIDES: The work will be completed in compliance with the following manuals, standards, and design guides. All scheduled work and installation work shall comply with VA specifications for material and workmanship, NEC, NFPA, WBDG, and all https://www.ashe.org/sites/default/files/ashe/assessment_icra.pdf applicable city, county, state and federal regulations/code and applicable OSHA standards project.

Where there appear to be contradictions, VA shall make a final determination on applicability of manuals, standards, and design guides.

6.1. See VA web-site: http://www.cfm.va.gov/contract/ for VA Criteria and

“http://www.cfm.va.gov/til/spec.asp” for VA Guide Specifications.

6.2. https://www.va.gov/vapubs/index.cfm

6.3. Physical Security and Resiliency Design Manual (PG-18-10) latest edition

6.4. VA Handbook 0730

6.5. VA Handbook 0730/4 and VA Handbook 0730/5

7. ACCESS & RECORDS - PRIVACY INFORMATION

7.1. Information Systems Officer, Information Protection:

The contractor shall not have access to VA Desktop computers nor shall they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, for replacing and/or upgrading equipment such as, any memory storage devices, servers, hard drives, solid state drives,non-volatile memory units and any integrated closed-sourcing software shall remain in VA control and shall not be removed from VA custody.

7.2. Privacy Officer:

The contractor shall not have access to protected Patient Health Information (PHI) nor shall they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units shall remain in VA control and shall not be removed from VA custody. All research data available for Contractor analyses is de-identified.

7.3. Records Manager:

7.3.1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C.552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

7.3.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and shall be managed and scheduled for disposition only as permitted by statute or regulation.

7.3.3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government shall be managed in accordance with Federal law. Electronic records and associated metadata shall be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

7.3.4. STVHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of STVHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, http://www.cfm.va.gov/contract/ https://www.va.gov/vapubs/index.cfm

Contractor shall report to STVHCS. The agency shall report promptly to NARA in accordance with 36 CFR 1230.

7.3.5. The Contractor shall immediately notify the VA POC upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to STVHCS control or the Contractor shall hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

7.3.6. The Contractor shall not create or maintain any records containing any non-public STVHCS information that are not specifically tied to or authorized by the contract.

7.3.7. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

7.3.8. The STVHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which STVHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables shall be identified as required by FAR 52.227-11 through FAR 52.227-20.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 JB _______________

Furnish and install new Amico 3 gas, OAV 3/4", 1" zone valve box

Furnish and install new Amico LCD area alarm panel

Furnish and install new Amico DISS outlets / inlets

GRAND TOTAL _______________

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/far-overhaul https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (DEVIATION)

NOV 2025

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION)

NOV 2025

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL

HIRES

MAY 2014

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

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

52.244-

6DEV

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

OCT 2025

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

C.3 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 https://www.sam.gov 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.

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…