RFQ Amendment 36C25925Q0772 0004.docx

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J059--Elevator Maintenance Services for the VA Salt Lake City Healthcare System, Utah Questions and Responses
Solicitation number
36C25925Q0772
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This is an RFQ Amendment for elevator maintenance services at the VA Salt Lake City Health Care System. The solicitation (36C25925Q0772) is a Service-Disabled Veteran-Owned Small Business (SDVOSB) total set-aside under RFQ procedures, with a closing date of February 13, 2026 at 12:00 PM CDT. Questions must be submitted by February 10, 2026 at 12:00 PM CST to thomas.parsons2@va.gov. The contract covers full maintenance of 26 elevators, dumbwaiters, and wheel-o-vators located across multiple buildings at the medical center, including monthly inspections, quarterly and semi-annual maintenance, fire fighter function testing, cleaning, lubrication, and adjustment services. The base performance period runs March 1, 2026 through February 28, 2027, with four one-year option periods extending through February 28, 2031.

The pricing schedule includes four line items annually: scheduled preventive maintenance for 12 months (unit price to be proposed), 30 hours of emergency unscheduled maintenance during normal business hours, 20 hours of emergency maintenance outside normal business hours, and a $10,000 annual allowance for repair/replacement parts. All contractor technicians must hold active Utah elevator mechanic licenses, Certified Elevator Technician (CET) certifications from NAEC, 10-hour OSHA safety training, and possess a minimum of three years' experience on the equipment types being serviced. The contractor must respond to emergency callbacks within one hour at any time, maintain compliance with ASME, NFPA, and OSHA standards, and provide monthly written documentation of inspections and testing. Payment will be made monthly by electronic funds transfer to the VA Financial Services Center. The Department of Labor Wage Determination 2015-5489 Rev 28 applies to this procurement. An optional site visit is scheduled for February 9, 2026 at 0800 MST at 500 Foothill Boulevard, Salt Lake City, UT 84148-0001.

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36C25925Q0772

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

36C259-25-AP-0379

660-25-3-5059-0010

09-02-2025 Thomas Parsons 918-577-3532 02-13-2026

12:00PM

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

238290 $22 Million

N/A

Department of Veterans Affairs George E. Wahlen Medical Center 500 Foothill Boulevard

Salt Lake City UT 84148-0001 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page Elevator Maintenance Services for the VA Salt Lake City Health Care System in accordance with the SOW.

All questions must be submitted to thomas.parsons2@va.gov and received no later than 12:00pm CST on 02/10/2026.

Optional site-visit information is in an attachment.

All offers must be submitted to thomas.parsons2@va.gov and received no later than 12:00pm CST on 02/13/2026.

Review the Special Standards of Responsibilities (SSRs) in sections E.1 and E.2 on pages 50-52 of this document.

Notice of SDVOSB total set-aside, pages 38-43, applies to all items in this solicitation and requires signature.

The Department of Labor Wage Determination No.:

2015-5489 Rev 28 applies.

*FAR 52.212-3 & 52.212-5 are not applicable and not attached

See CONTINUATION Page

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 STATEMENT OF WORK (SOW)4
B.3 PRICE/COST SCHEDULE20
ITEM INFORMATION20
SECTION C - CONTRACT CLAUSES25
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)25
C.2 52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (OCT 2025) (DEVIATION FEB 2025)30
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)35
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)36
C.5 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2024) (DEVIATION OCT 2025)36
C.6 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) (DEVIATION FEB 2025)37
C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)38
C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)38
C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)41
C.10 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025)43
C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)43
C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)44
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS46
DOL WD #: 2015-5489 Rev 28 – Salt Lake City county, UT46
Site-visit information46
SECTION E - SOLICITATION PROVISIONS47
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)47
E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)51
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)52
E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)55
E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)56
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)57
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)58
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)58

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/Title:__________________________
Email:__________________________
Address:__________________________
Phone:__________________________
SAM UEI:__________________________

b. GOVERNMENT:

Contracting Officer Department of Veterans Affairs Network Contracting Office

NCO 19

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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

36C25925Q0772

Page 1 of Page 1 of

B.2 STATEMENT OF WORK (SOW)

1. REQUIREMENTS. Contractor to provide full maintenance which includes regular and systematic inspections, monthly fire fighter function test and documentation, for the Salt Lake City UT VA Medical Center (VAMC) located at 500 Foothill Blvd., Salt Lake City, Utah 84148. “Attachment B” contains the full listing of elevators, dumbwaiters, and wheel-o-vator covered under this contract and unit prices proposed under the Section Schedule of Supplies/Services (Price) per the terms and conditions stated herein. During the inspection visits, the Contractor must clean, adjust and lubricate the equipment as specified below, determine the nature and extent of any trouble/problems, and the maintenance required to restore the elevators to safe and satisfactory service, and if repair or replacement/modification parts are required, then the elevator technician must inform the Contracting Officer’s Representative (COR) specified in the SOW’s Paragraph 11 - NON-PM UNSCHEDULED ELEVATOR MAINTENANCE REPAIR, REPLACEMENT, AND/OR MODIFICATION PARTS SUPPLY AND STORAGE.

a. Contractor must comply with the latest versions of the following codes, standards, and regulations:

i. American Society of Mechanical Engineers (ASME)

· A17.1 – Safety Code for Elevators and Escalators.

· A17.2 – Inspector manual for Electric Elevator and Escalators.

· A17.3 – Safety Code for Existing Elevators and Escalators.

· A17.4 – Guide for Emergency Personnel.

· A17.5 – Elevator and Escalator Electrical Equipment.

· A17.6 – Standard for elevator Suspension, Compensation, and Governors

· A17.7 – Performance Based Safety Code for Elevators and Escalators

· A18.1 – Safety Standard for Platform Lifts and Stairway Chairlifts

· NAEC CET-National Elevator Contractor Association (NAEC); Certified Elevator Technician (CET).

ii. National Fire Protection Association (NFPA)

· NFPA 13 – Standard for the Installation of Sprinkler Systems

· NFPA 70 – National Electric Code (NEC)

· NFPA 72 – National Fire Alarm and Signaling Code

· NFPA 101 – Life safety Code

· NFPA 252 – Fire Test of Door Assemblies

iii. Other Requirements

· Manufacturer’s Requirements.

· Occupational Safety and Health Administration (OSHA)

· Federal, State, County, and City laws, ordinances, and regulations.

b. If a conflict arises concerning requirements for inspection, testing, or maintenance, the most stringent requirement must apply, unless otherwise directed by this contract or the Contracting Officer (CO).

2. QUALIFICATION OF CONTRACTOR. Contractor is responsible for maintaining all the manpower, equipment, tools, and reliable sources of OEM parts necessary to promptly, skillfully, and expertly carry out the conditions of the contract. Contractor shall employ local, qualified technicians and must be able to respond to emergency service calls within a one (1) hour window, at any hour of any day of the week as specified under Paragraph 12 of the SOW.

3. QUALIFICATION OF PERSONNEL PERFORMING WORK.

a. All contractor technicians shall have successfully completed training and certification from the original equipment manufacturer (OEM) or from an OEM accredited school and must have a minimum of 3 years of experience on the type of equipment being serviced under this contract. They must possess and maintain an active elevator mechanic license in accordance with Utah Department of Professional Licensing requirements for Elevator Mechanics. Proof of personnel certification and licensing must be furnished to the COR and/or CO upon request.

b. No unqualified individual shall be allowed to perform maintenance and/or repair of any equipment under this contract. Technician trainees or other unqualified individuals may assist or observe only, however, may not be allowed to do so if their presence delays the progress of the work to be accomplished. The Government shall NOT pay for unqualified individuals or technician trainees present.

4. INSPECTIONS.

a. All passenger and service type elevators must be inspected monthly. If a holiday falls on the scheduled day of inspections, the required inspection shall be performed on the following workday. Records of inspection must be submitted to COR on the date performed.

b. All freight type elevators and dumbwaiters must be inspected twice monthly; a minimum of one and one-half hours per elevator and three quarters of an hour per dumbwaiter per inspection is required. Inspections shall be two weeks apart or sooner if deemed necessary by the government or the contractor. Records of inspections must be submitted to the COR on the date performed.

5. CLEANING, LUBRICATION AND ADJUSTMENT SERVICES.

a. Cleaning, lubrication, and adjustment services must be accomplished in accordance with (or exceed) Preventive Maintenance Check List (Exhibit #1); and/or when in excess of VA Standards and not contrary to them, as specified by the equipment manufacturer; and/or as required by the state of repair of a particular equipment component or end item. The work must include, but not be limited to, the following: main machine, brakes, motors, generators, controllers, relay panels, selectors, operating devices, interlocks and contacts, guide shoes, roller guides in hoist way and car door sills, hangers for all doors and car doors, signal system, car safety devices, governors, tension frames, and sheaves. In addition, the requirement of paragraphs 6, 7, and 8 below must also apply. Cleaning and refinishing of the interior of cars and exterior of hoist way doors and frames are excluded. The Contractor must notify the COR, or the COR’s authorized VA designee of any extended downtime (over two hours) due to delay in obtaining service, replacement parts, or other repair functions. The contractor must document on repair tickets/inspection tickets the nature of the work performed, and the parts used.

6. CLEANING SERVICE. Guide rails, overhead sheaves and beams, counterweight frames, top of cars, bottom of platforms, pits, and machine room floors must be brushed, broomed, and mopped clean as specified. All accumulated rubbish must be removed and deposited in the station’s provided trash compactor and dumpster. Chemicals, oily rags or other fire hazardous material must be properly protected in Contractor-furnished VA-approved containers or removed from the station daily after the completion of the cleaning activity.

7. LUBRICATION. All sheave bearings and hoisting ropes must be lubricated; machine stuffing boxes and bearings on motor operated brakes must be replaced, and gear cases and guide lubricators must be refilled when required. Hydraulic fluid sufficient to maintain required operating levels must be furnished on all hydraulic elevators. (refer to FAR clause 52.223-2 and Provision 52.223-1)

8. ADJUSTMENT SERVICES. All hoisting ropes must be examined, and the tension equalized and, whenever necessary to ensure maintenance of adequate safety factors, all hoisting ropes and governor ropes must be renewed. If replacement ropes are necessary, the contractor must submit a quote to the COR for replacement (see paragraph 11). The quote must include a cost breakdown which shall show the cost of the ropes from the contractor’s supplier and the cost of labor to install. The contractor shall not commence with replacement until specifically authorized by the COR or CO in accordance with paragraph 11. The exterior of the machinery and any other parts of the equipment, subject to rust, must be kept properly painted and presentable at all times. The motor windings must be kept free of rust where roller guides are used and properly lubricated where sliding guides are used. Guide shoe rollers and gibs must be renewed as required to ensure smooth and satisfactory operation. All electrical wiring and conductors extending to elevators and dumbwaiters from circuit breakers or main line switches in machine rooms and from outlets in the hoist ways must be repaired and/or replaced when required. Circuit breakers or main line switches in machine rooms and from outlets in the hoist ways must be repaired and/or replaced when required. Circuit breakers or main line switches, together with fuses for same, are excluded

9. HOURS OF WORK. Work required in the performance of this contract must be conducted during the hours as outlined below:

a. Maintenance not requiring elevator operational "shut-down" shall be performed during the hospital's normal business hours of 8:00 AM- 4:30 PM except the contractor must provide emergency call-back service at any hour of any day of the week as specified under Paragraph12 of this section.

b. Maintenance requiring elevator operational "shut-down" shall be performed during outside of normal business hours unless otherwise authorized in writing by the CO would be from 4:31pm – 7:59am.

c. Prior to commencement and after completion of any work, including INSPECTIONS as required in Paragraph 4 above, during both normal and outside of normal business hours, the contractor must report to a specific office to be designated by the CO. Due to security requirements, the Contractor or his authorized service representative shall be required to wear an ID Badge which shall be signed for upon arrival and turned in when leaving. This badge must be turned in before leaving the premises; otherwise, the person signing for it shall be required to pay for the unreturned ID Badge.

10. MATERIALS TO BE FURNISHED. The Contractor must furnish all lubricants, cleaning supplies, tools, and equipment necessary to perform the work described above. All lubricants must be as recommended by manufacturer of the equipment or VA-approved equal thereto. (refer to FAR clause 52.223-2 and clause 52.223-23

11. NON-PM UNSCHEDULED ELEVATOR MAINTENANCE REPAIR, REPLACEMENT, AND/OR MODIFICATION PARTS SUPPLY AND STORAGE.

a. The Contractor must inform the COR immediately, if there are any elevator maintenance deficiencies identified during preventative maintenance or unscheduled maintenance troubleshooting services.

b. For any required repair or replacement parts identified during PMs, Inspections, or maintenance service call troubleshooting, the Contractor must provide a quote to include their supplier’s quote for any non-PM unscheduled elevator maintenance repair parts or elevator replacement/modification parts to the COR for review. Only the COR shall be authorized to approve the unscheduled & emergency maintenance quote if there are funds available from the allowance for unscheduled maintenance repair or replacement/modification parts, found in the Price/Cost Schedule. However, if there are not enough funds remaining on the allowance for maintenance parts during the period of performance, then only the CO is authorized to approve additional funds through a contract modification.

c. All replacement parts supplied must be new and are to be warranted against defects in material and workmanship for one (1) Year from the installation date. The Contractor shall maintain a clean and orderly work area at the end of each working day, ensuring the removal of all generated debris, trash, and waste materials, as necessary to leave the site in a presentable condition. The Contractor must confine all operations (including storage of materials) on Government premises to areas authorized or approved by the COR or Contracting Officer. The Contractor is prohibited from storing materials and equipment in other than approved areas. The Contractor must hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

12. EMERGENCY CALL BACK SERVICE. Prompt emergency services must be provided in response to emergency callbacks. Requests shall be made via telephone by the (1) CO, (2) COR, or (3) their VA designees. Contractor must arrive on-site within one(1)-hour or less after notification of an elevator malfunction or elevator emergency. This call back service must be rendered at any hour of any day of the week as requested at no extra charge to the Government. Failure to maintain an acceptable rate of callbacks shall be grounds to initiate termination for default. The contractors personnel must stop at the boiler plant (Building 6) and log-in to a book provided and pick up keys. When work is completed, the contractors personnel must log-out and return the keys and leave service/PM tickets for work performed that day.

13. REPORT OF SERVICES. Upon completion of the services, the contractor must report to the COR or designee, and a written report of services performed must be furnished to the COR or designee. Such reports must advise of any repairs or repair parts not required to be furnished under the contract that are necessary to maintain the equipment in perfect operating condition.

14. RECORDS. The contractor must maintain a complete orderly and chronological file including drawings, complete parts list, and copies of all reports as required by these specifications. A record of all callbacks and repairs must be kept by the contractor indicating any difficulty experiences and the corrective measures taken to eliminate these difficulties.

15. CORRECTION OF DEFICIENCIES FOUND DURING ELEVATOR INSPECTIONS. If the elevator maintenance contractor is furnished with a list of elevator deficiencies that were found from 3rd party elevator inspections, then the elevator maintenance contractor must correct those deficiencies within 30 days after receipt of the inspection report(s). Note: If there are scheduling conflicts or reasonable delays, the elevator maintenance contractor must notify the COR to collaborate with the COR to develop a strategy within a reasonable timeframe on correcting the elevator deficiencies prioritizing critical operational safety requirements first.

16. PERIOD OF PERFORMANCE:

Base Period:3/1/2026 – 2/28/2027
Option Period 1:3/1/2027 – 2/29/2028
Option Period 2:3/1/2028 – 2/28/2029
Option Period 3:3/1/2029 – 2/28/2030
Option Period 4:3/1/2030 – 2/28/2031

Exhibit #1: PREVENTIVE MAINTENANCE (PM) CHECKLIST

1. Monthly Inspections.

a. Motor Generator Sets

· Blow brushes, holders and shafts at bearings

· Oil couplings

· Clean drip pans and guards

· Check bearings and oil rings

· Check commutator

· Wipe down machines

· Main Machines

· Check brushes and holds

· Check coolness of secondary sheaves - wipe off oil

· Check commutator

· Clean and dry bearings

b. Selectors

· Blow down

· Grease rods

· Wipe bases and bottoms or rods

· Contacts and connectors

· Traveling cable

· Dash pots

· Micro mechanism

· Pawl magnet

· Advance brush magnet

· Traveling unit

· Brushing contacts

· Bell crack

· Stop recorder

· Grease shaft bearings

· Oil all pins

c. Main control Panels

· Blow switches

· Wipe frames

· Check insulating bushings

· Check coppers and contacts

· Switches, contacts and connectors

· Overload relays

· Oil pins

· Mechanical interlock, main and micro direction switches

d. Door Machine Panels

· Blow switches

· Wipe frames

· Check insulating bushings

· Check coppers and contacts

· Switches, contacts and connectors

· Shines on switch armatures

e. Hall Relay Panel

· Blow switches

· Wipe frames

· Check insulating bushings

· Check coppers and contacts

f. Hall Button Panels

· Contacts

· Alignment of rocker arms and posts

· Check oil rocker-arm bearings

g. Starting Panels

· Blow switches

· Wipe frames

· Check insulating bushings

· Check coppers and contacts

· Switches, contacts, connectors

· Oil pins

h. Governors

· Blow switches, jaws, sheaves

· Contacts and connectors’

· Distance pieces, terminal block connectors

· Grease bearings

· Oil pins, spindle, and spindle collars

· Check freedom of collar through spindle limits

· Oil trap roller

· Clean trip cams

· Clean secondary sheaves

i. Tape Drives

· Blow sheaves and idler wheels

· Grease bearings

· Clean

· Oil lightly

· Ropes (Hoist, Gov and Comp)

· Clean off fuzz

j. Machine Rooms

· Sweep floors

k. Pits

· Sweep floors

· Clean ironwork and sheaves

· Grease tape tension sheaves and guides

· Clean drip pans

· Clean oil from floor

l. Door Machines

· Clean machine and top of car

· Blow and check motor brushes and commutator

· Check bearing oil

· Check alignment

· Check brake lifts and spring tension

· Check bumper and step cam clearance

· Check chain tension

· Check limit switches - grease-operating arm

· Oil pins, brake plunger, chains, and bull sheaves

· Check Greenfield tubing

m. Jack Shafts

· Grease bearings

n. Torque Motor

· Grease bearings

o. Door Tracks

· Clean and grease

p. Tension Sheaves

· Grease sheaves in pit

· Check hold-down clips

q. Main Machines

· Oil brake pins and core connecting links

· Check contacts, connectors and leads

· Check brake adjustment

r. Rail Oiler

· Check wicks

· Fill with oil

· Wipe down

· Machine Room

· Mop floors

s. Elevator Recall for Fire Fighter Service

· Place elevator in fire position - check fire service each floor of all buildings with fire service recall systems per NFPA 101, 7-4.5, Supplement 4, Life Safety Code, and AMSE Standard A173

· Written documentation of monthly testing to be provided to the COR after completion of each monthly testing.

2. Quarterly Inspections.

a. Hatch Doors

· Clean and grease tracks

· Clean and grease racks

· Check hanger bearings

· Clean and oil pins and closers

· Clean and grease still trips and check rollers for roundness

· Check screws for tightness - door hinge pin plate, closer back plate holding racks to hangers, pinion gear plate

· Check openings - doors in line with car gates

b. Car Doors

· Check oil level, leakage, and adjustment

c. Bottom Door Guides

· Check for looseness, noise, or wear

d. Door Machines

· Check jackshaft plates for tightness

· Check worn spots, tape, and shellac

e. Ropes (All)

· Inspect for wear and broken wires

f. Traveling Cables

· Check fastenings at junction boxes

· Check worn spots, tape, and shellac

g. Door Operating Cams

· Clean and grease

· Tighten loose bearings

· Check bolts and screws

h. Main Switches

· Check operation and lubrication

i. Motor Generator Sets

· Blowout armatures

· Fields

· Switches

j. Control Boards

· Blowout armatures

· Fields

· Switches

k. Hall Buttons

· Inspect and check

3. Semi-Annual Inspections.

a. Motor Generator sets

· Brace tub in advance

· Brush coil

b. Selectors

· Brace tube in advance

· Brush coil

c. Ropes (All)

· Equalize

d. Traveling Cables

· Check worn spots, tape, and shellac

e. Hatch Door Checks

· Check oil level

· Check adjustment

f. Torque Motor

· Contacts

· Blowout

· Check roller tires

· Check cams in hatch

· Grease bearings

g. Rails

· Clean off fuzz

h. Gibs and Trailer Blocks

· Replace if worn

i. Cabs

· Brace rods, nuts, and bolts

· Screws, car top, platform, crosshead, safety plank

4. Annual Inspections.

a. Motor Generator Sets and Main Machines

· Field connections

· Clean brake cores

· Brush holders, clean

· Insulators and bushings

· Terminal lugs

· Pole and armature clearance

· Bolts and screws

· Overspeed governor

· Float in armatures

· Secondary sheaves bearing chains

b. Main Line fuses

· Size

· Condition

c. Control Boards

· Resistance tubes

· Connections

d. Starting Panels

· Connection, buses to switches

· Terminal lugs

e. Hatch Doors

· Hangers - grease ball bearing in roller

· Hangers - grease ball bearings in thrust

· Pinion - grease ball bearings

f. Car doors

· Grease hangers bearings

· Grease arms

· Check contacts

g. Gear Cases

· Oil in door machines

· Check for leaks

· Check jackshaft bearings

h. Toque Motor

· Repack roller bearings

i. Rails

· Check alignment and clips

j. Safeties

· Clean

· Oil bearings

· Check release

k. Tapes

· Hitches tight

· Shellac hitch end of tapes

· Clean and inspect for breaks

l. Limit Switches

· Clean

· Check springs

m. Compensation Sheave

· Grease bearing

n. Button Boxes

· Vacuum out boxes

· Check contacts and connections

o. Elevator Recall for Fire Fighter Service

· Contractor must assist safety personnel in annual testing of smoke detectors at the top of elevator shaft on all elevators (Estimated at approximately two days)

ATTACHMENT B (SC-005)

SCHEDULE OF ELEVATORS - VAMC, SALT LAKE CITY UTAH

Location: Building #1

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
TKE/MCE
Traction
2004
Monthly, Quarterly, Semi Annual, Annual, 5 yr
TKE/MCE
Traction
2004
Monthly, Quarterly, Semi Annual, Annual, 5 yr
TKE/MCE
Traction
2004
Monthly, Quarterly, Semi Annual, Annual, 5 yr
MCE
Hydraulic
Unknown
Monthly, Quarterly, Semi Annual, Annual, 5 yr
MCE
Hydraulic
Unknown
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Building #2

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
OTIS
Traction
1988
Monthly, Quarterly, Semi Annual, Annual, 5 yr
OTIS
Traction
1988
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Building #3

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
OTIS
Traction
1988
Monthly, Quarterly, Semi Annual, Annual, 5 yr
OTIS
Traction
1988
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Building #4

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
OTIS
Traction
1988
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Building #5

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
OTIS
Traction
1988
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Building #8

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
OTIS
Traction
1988
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Building #13

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
OTIS
Traction
1988
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Building #14

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
Va. Controls
Traction
2012
(Cart Lift) Monthly, Quarterly, Semi Annual, Annual, 5 yr
Va. Controls
Traction
2012
(Cart Lift) Monthly, Quarterly, Semi Annual, Annual, 5 yr
Otis
Traction
2017
Monthly, Quarterly, Semi Annual, Annual, 5 yr
Otis
Traction
2017
Monthly, Quarterly, Semi Annual, Annual, 5 yr
Otis
Traction
2017
Monthly, Quarterly, Semi Annual, Annual, 5 yr
Otis
Traction
2017
Monthly, Quarterly, Semi Annual, Annual, 5 yr
Otis
Traction
2017
Monthly, Quarterly, Semi Annual, Annual, 5 yr
Otis
Traction
2017
Monthly, Quarterly, Semi Annual, Annual, 5 yr
Otis
Hydraulic
2017
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Building #48

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
TKE/MCE
Hydraulic
2013
Monthly, Quarterly, Semi Annual, Annual, 5 yr
TKE/MCE
Hydraulic
2013
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Building #16

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
TKE
Hydraulic
2010
Monthly, Quarterly, Semi Annual, Annual, 5 yr

Location: Fisher House

Make
Elevator Type
Installation Date
Scheduled Maintenance and Inspection Testing Requirements
TKE
Hydraulic
2011
Monthly, Quarterly, Semi Annual, Annual, 5 yr

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12.00
MO
$_________________
$_________________

Scheduled preventive maintenance (PM) services for 26 elevators to include regular and systematic inspections, monthly fire fighter function testing, and documentation IAW the SOW.

Contract Period: Base POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

30.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed during normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2026 POP End: 02-28-2027

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

20.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed outside of normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2026 POP End: 02-28-2027

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

1.00
LT
$10,000.00
$10,000.00

Annual allowance of elevator maintenance repair parts or elevator replacement/modification parts IAW the SOW.

POP Begin: 03-01-2026 POP End: 02-28-2027

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

12.00
MO
$_________________
$_________________

Scheduled preventive maintenance (PM) services for 26 elevators to include regular and systematic inspections, monthly fire fighter function testing, and documentation IAW the SOW.

POP Begin: 03-01-2027 POP End: 02-29-2028

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

30.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed during normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2027 POP End: 02-29-2028

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

20.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed outside of normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2027 POP End: 02-29-2028

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

1.00
LT
$10,000.00
$10,000.00

Annual allowance of elevator maintenance repair parts or elevator replacement/modification parts IAW the SOW.

POP Begin: 03-01-2027 POP End: 02-29-2028

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

12.00
MO
$_________________
$_________________

Scheduled preventive maintenance (PM) services for 26 elevators to include regular and systematic inspections, monthly fire fighter function testing, and documentation IAW the SOW.

POP Begin: 03-01-2028 POP End: 02-28-2029

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

30.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed during normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2028 POP End: 02-28-2029

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

20.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed outside of normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2028 POP End: 02-28-2029

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

1.00
LT
$10,000.00
$10,000.00

Annual allowance of elevator maintenance repair parts or elevator replacement/modification parts IAW the SOW.

POP Begin: 03-01-2028 POP End: 02-28-2029

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

12.00
MO
$_________________
$_________________

Scheduled preventive maintenance (PM) services for 26 elevators to include regular and systematic inspections, monthly fire fighter function testing, and documentation IAW the SOW.

POP Begin: 03-01-2029 POP End: 02-28-2030

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

30.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed during normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2029 POP End: 02-28-2030

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

20.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed outside of normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2029 POP End: 02-28-2030

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

1.00
LT
$10,000.00
$10,000.00

Annual allowance of elevator maintenance repair parts or elevator replacement/modification parts IAW the SOW.

POP Begin: 03-01-2029 POP End: 02-28-2030

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

12.00
MO
$_________________
$_________________

Scheduled preventive maintenance (PM) services for 26 elevators to include regular and systematic inspections, monthly fire fighter function testing, and documentation IAW the SOW.

POP Begin: 03-01-2030 POP End: 02-28-2031

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

30.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed during normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2030 POP End: 02-28-2031

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

20.00
HR
$_________________
$_________________

Emergency unscheduled maintenance elevator repair onsite labor service hours performed outside of normal business hours IAW the SOW. (Note: Quantities are estimates)

POP Begin: 03-01-2030 POP End: 02-28-2031

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

1.00
LT
$10,000.00
$10,000.00

Annual allowance of elevator maintenance repair parts or elevator replacement/modification parts IAW the SOW.

POP Begin: 03-01-2030 POP End: 02-28-2031

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

GRAND TOTAL
$_________________

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

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

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

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

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

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

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause 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.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment.—

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a 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 part 32 in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

(o) Warranty. The Contractor warrants and implies that the items delivered 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) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized Obligations.

(1) Except as stated in paragraph (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 (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized…

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