36C25726Q0842.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

36C25726Q0842

Lesley Kitchen none 08-28-2026

3PM CDT

36C257 Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

X 100

X

811210

$34 Million

N/A

X

36C257

Department of Veterans Affairs VISN 17 North Texas Healthcare System

5001 N Piedras St El Paso, TX 79930

36C257

NCO 17

Department of Veterans Affairs North Texas Veterans Health Care Center

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

Description: Alcon Centurion System Maintenance

The contractor shall provide all supplies, materials to provide the maintenance services in accordance with the Statement of Work and the terms and conditions contained herein.

See CONTINUATION Page

X X

X 1

Donald Smith Contracting Officer

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (Nov

2025) (DEVIATION)

C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Wage Determination 2015-5229, Rev. 29, dated 05/13/2026

SECTION E - SOLICITATION PROVISIONS

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

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

SERVICES (NOV 2021)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (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: Name: _____________________________

Address: _____________________________

City/State/Zip: _____________________________

POC Name: _____________________________

POC Phone: _____________________________

POC Email: _____________________________

UEI: _____________________________

b. GOVERNMENT: Contracting Officer 36C257 Donald Smith Donald.Smith10@va.gov

Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

Contract Specialist 36C257

Lesley Kitchen Lesley.kitchen@va.gov

Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W)

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.

https://dvagov-my.sharepoint.com/personal/lesley_kitchen_va_gov/Documents/2026%20contracts/36C257-26-AP-1026%20GEMs%20Program/Donald.Smith10@va.gov https://dvagov-my.sharepoint.com/personal/lesley_kitchen_va_gov/Documents/2026%20contracts/36C257-26-AP-1026%20GEMs%20Program/Lesley.kitchen@va.gov

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

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

COMPREHENSIVE COVERAGE OF ALCON CENTURION SYSTEM

SERIAL NUMBER - 2001652101X

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027

SERIAL NUMBER – 2001652901X

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027

SERIAL NUMBER - 2001652101X

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028

SERIAL NUMBER – 2001652901X

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028

SERIAL NUMBER – 2001652901X

Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029

SERIAL NUMBER - 2001652101X

Contract Period: Option 2 POP Begin: 10-01-2028

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

POP End: 09-30-2029

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-

Ship To: EL Paso VA Medical Center 5001 N Piedras St EL Paso, TX 79930

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

1001-

Ship To: EL Paso VA Medical Center 5001 N Piedras St EL Paso, TX 79930

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

2001-

Ship To: EL Paso VA Medical Center 5001 N Piedras St EL Paso, TX 79930

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

B.4 STATEMENT OF WORK

1.0 GENERAL:

El Paso VAMC is requesting service/maintenance of two (2) Alcon Centurion systems. The services requested would allow the Surgery department to facilitate patient care more efficiently without the possibility of turning away or referring patients out due to broken/faulty equipment. The services needed shall be in accordance with the Original Equipment Manufacturers (OEM) specifications and Advance Care support.

1.1. EQUIPMENT IDENTIFICATION:

a. NAME/DESCRIPTION OF EQUIPMENT – Centurion Phaco Device MANUFACTURER – Alcon

SERIAL NUMBER - 2001652101X

EQUIPMENT I.D. NUMBER - 33216

LOCATION- Operating room(s) (mobile)

b. NAME/DESCRIPTION OF EQUIPMENT – Centurion Phaco Device

MANUFACTURER – Alcon

SERIAL NUMBER – 2001652901X

EQUIPMENT I.D. NUMBER - 33217

LOCATION- Operating room(s) (mobile)

1.2. DEFINITIONS / ACRONYMS:

a. Acceptance Signature - VA employee who is authorized to sign-off on the ESR which indicates that the Emergency Repair has been accomplished or in a pending status.

b. Authorization Signature – COR’s signature; indicates acceptance of work status as stated in ESR.

c. Biomedical Engineer - Supervisor or designee.

d. CO - Contracting Officer

e. COR - Contracting Officer's Representative

f. ELPVAHCS – El Paso VA Health Care System

g. ESR - Vendor Engineering Service Report. Documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

h. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the ELPVAHCS premises.

i. PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

j. OEM – Original Equipment Manufacturer

k. VA - Department of Veterans Affairs

1.3 HOURS OF COVERAGE:

a. Vendor will provide telephone support 24 hours a day, 7 days a week.

b. Vendor will provide unscheduled maintenance Mondays - Fridays, 8:00 AM-6:00 PM local site time for AGFA Health Care System, Mondays - excluding Federal Holidays.

c. Vendor will provide planned maintenance scheduled at a mutually agreeable time Mondays - Fridays, 8:00 AM-6:00 PM local site time for Alcon, excluding Federal Holidays.

d. COR or designated alternate shall provide reasonable access to the equipment, reasonable working space, and a reasonable safe, hazard-free operating environment for contractor’s employees and representatives providing services here under during hours of coverage.

e. Federal Holidays observed by the ELPVAHCS are:

New Years' Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

2.0. CONFORMANCE STANDARDS:

a. Contractor shall ensure that the equipment functions in conformance with the latest published edition of the applicable standards, such as: NFPA-99, UL, OSHA, JCAHO, VA, etc. and the “Manufacturer's Performance Standards/ specifications” as used when the equipment was originally procured and that any upgrades/updates will meet or exceed the stated standards/specifications.

b. Contractor shall comply with the Privacy Act of 1974 and the agency rules and regulations issued under the Act.

c. Contractor shall comply with Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the agency rules and regulations issued under the Act surrounding access, protection and confidentiality of personal health information and individually identifiable information.

d. The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

3.0 UNSCHEDULED MAINTENANCE (Repair Service):

a. Contractor shall maintain the equipment in accordance with Alcon and OEM recommended frequencies and hardware specifications as set forth in the service manuals. Vendor will make reasonable efforts provide on-site support within twenty-four hours, during covered days, upon notification by Customer.

b. The CO or COR has the authority to approve/request a service call from the Contractor.

c. Coverage includes on-site support (4-hour On-Site Response), service parts (ordered by noon, same day delivery), hardware updates, software, updates, labor, travel, remote service, safety checks, planned maintenance, and quality assurance.

d. Contractor will provide telephone support per Section General Paragraph 1.3, Hours of Coverage.

e. The contractor shall ensure site shall be left in a clean, neat, and orderly condition when departing on-site location where maintenance services are being performed, ensuring the hospital/clinic staff and patients are not subjected to any safety hazards, including but not limited to expose wiring, open circuit panels, or tripping hazards.

f. The contractor shall inform the COR, personally or in writing, of the equipment status prior to leaving the work site.

g. The Contractor is not responsible for the maintenance of equipment listed when damage resulted from act of God or when services from other than the Contractor’s personnel have been performed.

The Contractor is not responsible for the maintenance of equipment listed when damage results from Government neglect, misuse, abuse, liquid spills, unauthorized attachments, or alterations to factory settings of the unit.

4.0 SCHEDULED MAINTENANCE:

a. The Contractor shall perform PM/Calibration Services to ensure that equipment listed in the schedule performs in accordance with Section 2.0, Conformance Standards. Such maintenance will be performed at mutually agreed times during PM Coverage Hours. All exceptions to the PM schedule shall be arranged and approved in advance with the COR.

b. The Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable). Any charges for parts, services, manuals, tools, software, or travel required to successfully complete scheduled PM/Calibration are included within this contract, unless specifically stated in writing.

c. The contractor shall provide written description of Preventive Maintenance Inspections (PMI).

This description shall include an itemized list of the procedures performed. PM services shall include, but need not be limited to, the following:

i. Cleaning of equipment.

ii. Calibrating and lubricating the equipment.

iii. Performing remedial maintenance of non-emergent nature.

iv. Testing and replacing faulty and worn parts and/or parts likely to become faulty, fail or become worn.

v. Inspecting and replacing where indicated, electrical wiring and cables for wear and fraying.

vi. Inspecting and replacing, where indicated, all mechanical components.

vii. Returning the equipment to the operating condition.

viii. Providing documentation of services performed.

5.0 PARTS:

a. The Contractor has ready access, no more than three (3) business days, to all parts, including unique and/or high mortality replacement parts. Contractor is not responsible for delays beyond the contractor’s reasonable control.

b. The contract shall include all parts except, if applicable, those parts specifically listed as being excluded. The contractor shall use new or rebuilt parts which meet or exceed OEM standards for equivalent quality and reliability as a new part. Used parts or those removed from another system shall not be installed without specific approval by the CO or the COR.

c. The contractor shall not modify the system to facilitate replacement parts that are not identical to the part being replaced unless such modification was developed, approved and released by the OEM.

d. The following items are excluded from coverage: user-replaceable expendable parts/supplies and parts replaced for cosmetic reasons. Pulse Oximetry sensors will be limited to one direct exchange at no cost per contract year. The Contractor shall also list any additional excluded parts under the service contract.

e. Any hardware, such as a hard drive, which contained patient information, must be sanitized in accordance with National Security Agency standards by ELPVAHCS staff prior to being removed from the ELPVAHCS.

6.0. SERVICE MANUALS/TOOLS/EQUIPMENT:

a. The ELPVAHCS shall not provide tools, (test) equipment, service manuals, or service diagnostic software to the contractor. Contractor shall obtain, have on file, and make available to its FSE all operational and technical documentation (such as operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract.

b. Contractor shall provide the COR two (2) copies of all documentation that pertains to any hardware, software, or firmware upgrade or repair.

7.0 DOCUMENTATION/REPORTS:

The documentation shall include detailed descriptions of the maintenance procedures performed, including replaced parts. In addition, each ESR must, at a minimum, document the following data legibly and in complete detail:

i. Name of contractor and contract number.

ii. Name of FSE who performed services.

iii. Contractor service ESR number/log number.

iv. Description of problem reported by COR.

v. Identification of equipment serviced.

vi. Itemized description of service performed, with parts and part numbers.

vii. Itemized costs of any approved billable parts and services, if applicable.

8.0 REPORTING REQUIREMENTS:

The Contractor shall report his arrival in person or by telephone to Biomedical Engineering. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall check out with Biomedical Engineering and submit the ESR(s) to the COR. If the COR is unavailable, a copy of the ESR will be sent to the COR after the work for review.

8.1 Contact Information:

ELPVAHCS Biomedical Contact Person(s): Chief Biomedical Engineering or designee.

Location (Building/Room Number): Building 1 Rooms A100 Telephone Number & Extension(s): 915-564-7099 Fax: 915-564-7807 586-3647

9.0 PAYMENT:

a. Invoice must include, at a minimum, the following information:

i. Contract Number,

ii. Purchase Order Number,

iii. Item(s) covered and covered period of service.

b. All Invoices from the contractor shall be submitted electronically in accordance with

VAAR Clause 852.232-72 Electronic Submission of Payment Requests. This is accomplished through the Tungsten Network located at:

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

9.1 ADDITIONAL CHARGES:

Additional charges must be approved by the COR before service is started. There will be no additional charge for time spent at the site (during, or after the normal hours of coverage) for delivery of parts.

10. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE:

The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.

11. CONDITION OF EQUIPMENT:

The Contractor accepts responsibility for the equipment described in Section 1.1, in "as is" condition.

Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract.

12. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

a. Contractor shall have an established business with office and full-time staff. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

b. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed an OEM certified training program for the equipment identified in Part I of this section.

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

c. The FSEs shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" competent FSEs. The CO may authenticate the training requirements, request training certificates, or credentials from the Contractor at any time for any personnel who are servicing any ELPVAHCS equipment. The CO specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the ELPVAHCS equipment.

d. If subcontractor(s) are used, they must be approved by the CO; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

13. TEST EQUIPMENT:

a. The Contractor shall provide the ELPVAHCS, upon request, a copy of the current calibration certification of all test equipment which is to be used by the Contractor on ELPVAHCS's equipment when requested by the ELPVAHCS. Test equipment calibration shall be traceable to a national standard.

b. The Contractor must present any removable media (i.e. USB or DVD/CD device) required for performing the work to Biomed to be scanned with an anti-virus program running current virus definitions.

14. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

The Contractor's FSEs shall wear visible identification at all times while in the building of the ELPVAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. The ELPVAHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any building at the ELPVAHCS.

Possession of weapons is prohibited. Enclosed containers, including tool kits, 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.

15. NARA Records Management Language for Contracts

a. 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.

b. 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 must be managed and scheduled for disposition only as permitted by statute or regulation.

c. 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 and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. El Paso Veteran Affairs Health Care System (EPVAHCS) 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 EPVAHCS 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.

e. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to EPVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

f. The Contractor shall immediately notify the appropriate Contracting Officer 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 EPVAHCS control or the Contractor must 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).

g. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and EPVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

h. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with EPVAHCS policy.

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

j. 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.

k. EPVAHCS 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 EPVAHCS 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 must be identified as required by FAR 52.227-11 through FAR 52.227-20.

l. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

(END OF SOW)

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 address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_1

http://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

FAR/RFO

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

52.204-9

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.212-4

CONTRACT TERMS AND CONDITIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR VETERANS JUN 2020

52.222-41 SERVICE CONTRACT LABOR STANDARDS AUG 2018

52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2021

52.222-51

EXCEMPTION FROM APPLICATION OF THE SERVICE

CONTRACT LABOR STANDARDS TO CONTRACTS FOR

MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN

EQUIPMENT-REQUIREMENTS

MAY 2014

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2025

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2022

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025

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 NOV 2025

52.233-4

APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM(DEVIATION)

NOV 2025

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.240-91 SECURITY PROHIMITIONS AND EXCLUSIONS NOV 2025

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1

852.203-70 COMMERCIAL ADVERTISING BUSINESSES MAY 2018

852.219-73 VA NOTICE TO TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESSES

JAN 2023

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

C.2 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.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

(End of Clause)

C.4 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (Nov

2025) (DEVIATION)

(a) Definitions. As used in this clause—

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

Small business concern—

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

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

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

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

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

(3) For long-term contracts-

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

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

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

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

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

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

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

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

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

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

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

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

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR https://www.sba.gov/document/support--table-size-standards

127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____. ] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [ Contractor to sign and date and insert authorized signer's name and title.______________________ ]

(End of clause)

C.5 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.6 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.

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— https://www.sam.gov

(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 equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

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