RFQ 36C25926Q0128 Fire alarm testing-certification 623.pdf

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Fire Alarm Testing and Certifications Federal contract opportunity
Solicitation number
36C25926Q0128
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 19

About this file

This Request for Quote (RFQ) 36C25926Q0128 is for Fire Alarm Equipment Testing and Certification services for the Jack C Montgomery VA Medical Center in Muskogee, Oklahoma. The solicitation is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside with a size standard of $11.5 Million, seeking comprehensive fire safety system inspection and maintenance. The contract will cover testing and certification of fire alarm, suppression, sprinkler, kitchen hood, and FM200 systems across 17 buildings, including 13 elevators, with approximately 1,100 total devices requiring inspection.

The contract period runs from January 15, 2026, to December 31, 2026, with options for four additional one-year extensions. Evaluation criteria include price, technical capability, and past performance, with a focus on NICET level 2 certified technicians specializing in fire alarm systems, water-based systems, and related certifications. Contractors must provide detailed inspection reports within three business days of each inspection, comply with NFPA standards, and maintain comprehensive documentation. Responses are due by January 9, 2026, at 1000 CST, to be emailed directly to the contracting officer.

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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

36C25926Q0128 12-22-2025

Jeff Eller 918-577-3282 01-09-2026

1000 CST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X 100

X

541350

$11.5 Million

N/A

X

Department of Veterans Affairs Jack C Montgomery VA Medical Center

1011 Honor Heights Drive Muskogee OK 74401

36C259

Department of Veterans Affairs Network Contracting Office

NCO 19

Financial Service Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Fire Alarm Equipment Testing and Certification for the Jack C Montgomery VA Medical Center

Please email responses to jeffery.eller@va.gov by date and time in block 8.

The Offeror in block 17a certifies that:

1. it is an SDVOSB concern, eligible under VAAR subpart 8 subpart 819-7003

2. it remains small for the size standard set for this procurement in block 10 of SF1449

Evaluation of Solicitation:

1. Price

2. Technical Capability

3. Past Performance Please see FAR 52.212-2 section of the Solicitation for technical capability requirements.

For consideration, please sign Limitations of Subcontracting affirmation on page 43 and return with RFQ.

See CONTINUATION Page

X X

Jeff Eller

VA-VHA-RPOW-2024-0110

36C25926Q0128

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 PERFORMANCE WORK STATEMENT (PWS)

B.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

B.5 CONTRACTOR PAYMENT REQUESTS

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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) ... 29

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.5 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

C.10 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

1998)

E.6 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C259

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] After satisfactory performance

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT (PWS)

Statement of Work (SOW) Fire Alarm & Suppression Systems - Inspection and Repair

Three Year Agreement with Extended Years Option Eastern Oklahoma VA Health System (EOVAHS) - Muskogee, OK

Jack C. Montgomery VA Medical Center

I. Scope of Work:

The contractor must furnish all management, supervision, labor, material, equipment, tools, supplies, and related services, in accordance with the SOW required for the service of the Gamewell FCI fire alarm panel and system. Annual, semi-annual, and quarterly inspections of water-based fire sprinkler systems, hydrants, fire pumps, hood systems, and equipment. Contractor must furnish a fully completed inspection report for each separate system, within 3 business days of the Completion of

Inspection. Reports must be uniform throughout the year, and year by year. Joint

Commission compliant reports shall be available both in hard copy and electronic format, with electronic format being preferred. Either official testing report from most current NFPA 72, or Building Reports generated report.

Buildings at the Jack C Montgomery Medical Center to have the fire alarm system, fire suppression system, and the fire sprinkler systems inspected and/or tested are:

1) Bldg. 1: A-wing 6 floors, B-wing 6 floors, C-wing 4 floors, E-wing 1 floor

2) Bldg. 11

3) Bldg. 38

4) Bldg. 18: one floor, basement, sub-basement

5) Bldg. 22: 3 floors, 1 sub-basement

6) Bldg. 24: 2 floors, 1 basement, 1 sub-basement

7) Bldg. 26: 2 floors

8) Bldg. 46, Generator

9) Bldg. 50, Generator

10) Bldg. 52, 1 floor

11) Bldg. 53, A-wing 5 floors, B-wing 6 floors, C-wing 5 floors, 4 interstitials, basement, sub-basement

12) Bldg. 54

13) Bldg. 56, Generators

14) Elevators 13

15) Bldg. 58

16) Bldg. 60

17) Bldg. 62

II. General

1. Annual test and Inspection:

a) All fire alarm system control panels, initiating devices, indicating devices, power supplies, annunciators, batteries, and digital voice controls.

b) Cleaning of all smoke detectors (as required by Joint Commission standards).

c) Testing functions including, but not limited to, roof top unit and air handler unit shutdown, roll down overhead doors and elevator recall.

d) Inspection and testing of electro-mechanical releasing devices (smoke dampers).

e) All devices inspected must be barcoded and input into an electronic inventory system.

All barcoded device information (make/model/date of install) will be input into the same system. Hand-written or electronic data format (Microsoft Word, Excel, Adobe, etc.) representing device/component counts will not be accepted.

2. Semi-annual test and inspection:

1) Inspect and test all batteries related to fire alarm systems. Replace batteries

(furnished by VA) in accordance with the most current NFPA 72, when batteries reach 5 years old or when test below 65 percent. Ensure all batteries are labeled with installation date.

2) Visual inspection of all control panels, power supplies, and manual fire alarm boxes

3. Quarterly test and inspection:

a) Send alarm signal to local fire department, ensure signal is received within 90 seconds.

4. Any provision or partial provision of the Contract drawing(s), documents or requirements that is not consistent with this SOW and Drawing(s), is null and void only to the extent of the inconsistency. All other provisions or partial provisions of the Contract drawing(s), documents, or requirements must remain in full force and effect.

5. No system will be left out of service at the end of a workday or over a weekend without written permission from the COR or COR representative.

6. All tests and inspections must be performed in accordance with the most recent edition of

National Fire Prevention Association (NFPA) 25, NFPA 72, NFPA 101, NFPA 13, NFPA 20, NFPA

291, NFPA 96 and Joint Commission Inspection Requirements.

7. Contractor must furnish a minimum of 3 service technicians throughout the duration of the inspection. At least one of the service technicians must be NICET level 2 certified and have the card specializing in the appropriate field including, but not limited to, fire alarm systems, inspection and testing of fire alarm systems and inspection and testing of water-based systems. Card must be provided to COR upon request.

8. It is the preference of the VA that a minimum of one of the technicians be certified to operate and program a Honeywell Gamewell fire alarm system.

9. Contractor must furnish a schedule of all Buildings to be tested. The COR or COR designated representative must give prior approval for the shut-down of the fire alarm of each Building.

10. Contractor must furnish a record log, hard copy must be stored in the fire alarm panel room in Building 1, that must include, but not be limited to, repairs, and abnormal findings. Log

Must be maintained on the day of any service being provided.

11. Documentation: All components and devices must be logged for:

1. Exact location of each device tested, including system address.

2. Ensure point description that is programmed into the fire alarm system is accurate. If location is not accurate in programming of panel, documentation must be made.

III. Water-based systems:

1. Annual test and inspection:

a) Inspect devices including, but not limited to, hangers/braces/supports, hydraulic design information sign, gauges, pipe, pipe fittings, sprinklers, spare sprinklers, backflow prevention assemblies control valves, electric fire pump, and jockey pump.

b) Test devices including, but not limited to, antifreeze solution, control valves, electric fire pump, jockey pump, and dry system trip test.

c) Dry pipe system low points are to be drained upon completion of the trip tests.

d) Operate each control valve through its full range and returned to normal position.

e) Conduct main drain tests.

2. Quarterly Testing:

a) Inspect and test devices including, but not limited to, gauges, supervisory signal devices, waterflow alarm devices and fire department connection.

3. Five Year Test & Inspection:

a) Contractor must furnish and replace all gauges in accordance with the most recent NFPA 25 standards.

b) Hydro testing of the fire department connection piping shall be included with the five-year test, in accordance with NFPA 25 standards.

c) Fire Sprinkler System piping shall be internally inspected to check for buildup of foreign material or debris that may clog system piping or sprinkler heads.

4. Sprinkler head replacement and sample testing are excluded from this contract.

5. The replacement of a complete fire pump, or fire pump motor is excluded from this contract.

6. Long cycle inspection inventory will be quoted as needed.

IV. Kitchen hood fire suppression systems: semi-annual tests, inspection, and maintenance of all elements of the hood suppression system including, but not limited to, power shut offs, gas shut offs, and a physical initiation of the system without expelling the extinguishing material.

Work is to include replacement of chemical extinguishing material and links when required.

There is 1 Guardian system in the auditorium. In the kitchen there are 2 Ansul systems each with one tank. Main kitchen has a single tank ProTex system.

V. FM 200 fire suppression systems: semi-annual tests, inspection, and maintenance of all elements of the suppression system including, but not limited to, power shut offs, AHU shut offs, and a physical initiation of the system without expelling the extinguishing material.

VI. Hydrants, standpipes, and fire pumps:

1. Annual fire hydrant flow test:

1) Hydrant test must be furnished in accordance with the most recent NFPA 25 and most recent NFPA 291.

2) Hydrant flow test reports must be prepared on graph forms or flow report data forms. The graphs must depict the volume, gallons per minute (GPM), of water flow at 20 PSI residual pressure.

3) Contractor must furnish all tools required including, but not limited to, a water diverter funnel which is necessary for fire hydrant testing.

2. Annual standpipe flow test:

1) Contractor must furnish the annual standpipe flow test in accordance with the most recent NFPA 25

2) Contractor must furnish all tools required including, but not limited to, a water diverter funnel and fall protection for standpipes located on the roof.

3. Annual fire pump full flow test: one (1) electric Bell & Gossett pump rated at 1050 gal/min

1) Contractor must test each fire pump annually to determine and record flow rate, pump pressure, pump motor AMP(s), voltage(s) and speed at peak load.

2) Contractor must furnish all necessary tools and equipment required to properly full flow test the fire pump.

VII. Scheduled Equipment:

a. Device list along with quantity is furnished in this SOW; however, Contactor must verify quantities. Approximately 1100 devices total.

b. If device count is greater than plus (+) or minus (-) 5 percent (%) of quantities listed below, then the contract may be adjusted via a modification.

Device List

Device Type-existing Buildings Quantity-Must be verified by Contractor

Duct Detector 49

Pull Station 147

Smoke Detector 266

Tamper Switch 65

Waterflow Switch 70

Door Holder 47

Drain Test Valve 23

Supervisory Device 24

Strobe 130

Control Speaker 115

Vertical Sliding Door 1

Fire Roll Down Doors 2

Fire Alarm Control Panel 1

Power Supply 12

Remote Annunciator 1

Batteries 28

Heat Detectors 46

Relay Modules (HVAC Shutdown) 13

Electronic-Mechanical Releasing Devices 50

Voice Equipment 2

IV. Drawing:

a. Contractor must verify locations, measurements, and quantities. Contractor must notify COR of verification, differing site conditions and quantities.

b. To be provided by the hospital: Drawing Number: PS564, Fire Hydrant Site Plan, 07/11/2019.

V. Contractor Access and Activities A. Contractor must comply with the VA security management program.

B. Contractor must not enter the work site without VA issued identity Badge. Contractor can be subject to inspection of personal effects when entering or leaving the project site and VA property. Contractor superintendent must escort Contractor employees to Engineering (Building 7-A) to obtain badge(s). The Contractor must maintain a log of Employee Names, Badge ID Numbers, Start Date(s), Departure Date(s), ID Lost Date(s), and ID Return Date(s). Updated Badge log must be given to the COR weekly or as directed by COR. Contractor’s superintendent must return all badges on day of departure of employee from contract to COR. Contractor’s superintendent must return all remaining badges at contract closeout to COR. Lost Badges must be reported immediately to the COR and documented on badge log. Contractor is responsible for a $100.00 fee for each lost or unreturned badge to VA.

C. Property Access Regular Business Hours: PM must be scheduled during normal business hours, 0730 to 1600 hours, Monday through Friday (excluding the following Federal holidays New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day).

D. COR must be informed in the following situations:

1. To schedule any work.

2. After arriving on site but before any work is started.

3. To provide an approximate timeframe for the work.

4. As soon as it is known that the work will take longer than expected.

5. At completion of work prior to leaving the facility.

6. To report any incomplete aspects of the work or issues that could not be corrected during the visit.

7. To furnish a written plan for corrective action for any work that cannot be completely within 24 hours. Plan must be furnished to and approved by the COR.

E. Safety must be the Contractor’s highest priority. The Contractor must be in accordance with Federal, State, Local OSHA regulations, latest edition of NEC, latest edition of NFPA 70E, and 01 35 26 Safety Requirements specification. The Contractor must furnish and have in place Personal Protective Equipment (PPE) including, but not limited to, safety signage, cones, and barricades, to protect the safety of VA patients, employees, visitors, volunteers, tenants, and others. Contractor must not be permitted to work without proper PPE and can be directed to leave job site. Contractor must furnish required safety items and wear required PPE. Work must be conducted in a manner and at times which would present the least amount of disruption to the VA healthcare facility.

F. Contractor must not leave or unattended out-of-service any utility, fire protection, or security system without written permission of the COR. If a utility, fire protection, or security system is not functioning at the end of a work period without written permission of the COR, then the Contractor must restore the system(s) to working order prior to leaving the jobsite or must furnish an around-the-clock watch until the system is functioning properly. If the Contractor fails to do so, the Contractor must reimburse the Government for any costs incurred by the VA to furnish around-the-clock watch and/or repair the system(s).

G. Vehicles and Construction equipment: Contractors’ keys to unattended vehicles and equipment must be removed and vehicles locked.

H. Unloading and Parking: No materials or equipment are permitted through the front entry. Use loading dock entrance – only for loading and unloading, do not leave vehicle(s) unattended. Contractor parking on VA property is limited to availability of designated Contractor parking. Contractor must have prior written approval of on-site Contractor parking from COR.

I. Elevators: Contractor must use COR designated elevators and must protect elevator cabs and controls during periods of use. Contractor must not exceed elevator weight limits. Designated elevator(s) and usage times are not to interfere with VA activities.

J. Radios and Mobile Devices: Contractor must use mobile devices at low volume or outside. Contractor must not carry on conversations in hallways or near any patient areas. AM/FM radios and other media producing devices must not be used in the buildings.

K. Noise: Contractor must coordinate and schedule noise making activities with the COR. For any noise making work activities, the Contractor must furnish a written request to the COR for COR approval a minimum of seven (7) business days prior to noise making activities. The COR will schedule and provide written authorization to proceed three (3) business days in advance of the proposed activity.

L. Disposal: The Contractor must submit a written request(s) for disposal of any government owned materials, equipment, or property in advance to the COR for COR written approval. Contractor must remove and properly dispose construction debris, materials, equipment, and substances from VA property daily into the Contractor supplied containers. Construction debris created from the contract must not be disposed of at the job site, in dumpsters, or on VA property. Disposal of construction debris, materials, equipment, and substances from the contract must be in accordance with applicable Federal, State, Local and environmental laws, rules, or regulations. The Contractor must ensure and furnish appropriate documentation to the CO that all hazardous waste handlers, haulers, and disposal facilities are properly licensed. The Contractor must furnish shipping manifest and documentation of proper disposal of any construction debris, materials, equipment, and substances from the contract work prior to final payment. Contractor must return the work site to the condition in which it was found at the Contractor’s expense.

M. Warranty: Contractor must guarantee workmanship for a period of one (1) year after COR written acceptance of work. Contractor must furnish a minimum 1-year parts and labor warranty on materials, equipment, parts, and components, furnished and any manufacturer’s warranty greater than one (1) year. This applies only to newly installed components and not currently existing equipment.

N. Length of Contract: This agreement shall be for one (1) year, with the following five (5) years to be optional; at the discretion of the VA Hospital.

O. Photography: Contractor must not photograph any patients, personnel, visitors, and others on VA property. Contractor must be escorted by VA personnel to take jobsite related photos and be coordinated by COR.

P. Other requirements:

1. Anything remaining in place that is damaged or defaced by the Contractor must be restored by the Contractor to the existing condition, at no additional expense to the Government.

2. The Contractor must furnish adequate protection to VA property and personnel prior to work activities. Contractor moved items must be put back by the Contractor to original locations and conditions as work is completed, at no additional expense to the Government.

3. No unauthorized work to be initiated without the prior written approval of the CO.

4. Work required for the project must be in accordance with the best practices and in accordance with the intent of the SOW, drawings, and specifications.

5. Utilities and work areas may not be immediately available, and the

Contractor must be flexible in the inspections schedule at no additional cost to VA.

6. All OEM recommended safety aspects of the equipment being serviced must be adhered to.

B.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

INTRODUCTION

This quality assurance surveillance plan (QASP) is pursuant to the requirements listed in the performance work statement (PWS). This plan sets forth the procedures and guidelines the VA will use in ensuring the required performance standards or services levels are achieved by the contractor.

Purpose The purpose of the QASP is to describe the systematic methods used to monitor performance and to identify the required documentation and the resources to be employed. The QASP provides a means for evaluating whether the contractor is meeting the performance standards/quality levels identified in the SOW and the contractor’s quality control plan (QCP), and to ensure that the government pays only for the level of services received.

Methodologies to Monitor Performance

Surveillance Techniques

In an effort to minimize the performance management burden, simplified surveillance methods shall be used by the government to evaluate contractor performance when appropriate. The primary methods of surveillance are:

Random monitoring - which shall be performed by the COR/COR designated inspector.

An example of a sampled week could be the COR sampling four successive waiting times for each of five days in one week.

100% Inspection – The COR shall review the generated documentation and enter summary results into the Surveillance Activity Checklist after each inspection.

Periodic Inspection – COR typically performs the periodic inspection which should align with the frequency of required services per the SOW, such as weekly or monthly, depending on the required task.

Customer Feedback

The contractor is expected to establish and maintain professional communication between its employees and customers. The primary objective of this communication is customer satisfaction.

Customer satisfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints.

Customer feedback may also be obtained either from the results of formal customer satisfaction surveys or from random customer complaints.

QASP ATTACHMENT 1: PERFORMANCE REQUIREMENTS SUMMARY

Task Standard Acceptable

Quality Level

(AQL)

Surveillance Method

Incentives/ Disincentives

1. Perform Fire Alarm Testing & Inspections on Listed Equipment.

Perform Fire Alarm Testing & Inspections on Listed Equipment.

100% Direct Observation - Receipt and review of Service Reports

Positive ratings in

CPARS

assessment

Non-compliance forwarded to CO for Cure Notice / FAR Remediation

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

2.00 EA ________________

Dry System annual testing per Performance Work Statement Contract Period: Base POP Begin: 01-15-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials Testing - Fire Fighting, Rescue, and Safety Equipment;

Environmental Protection Equipment and Materials

1.00 EA ________________

Fire Pump testing per Performance Work Statement Contract Period: Base POP Begin: 01-15-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Semi Annual testing per Performance Work Statement Contract Period: Base POP Begin: 01-15-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Annual testing per Performance Work Statement Contract Period: Base POP Begin: 01-15-2026

POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Biennial testing per Performance Work Statement Contract Period: Base POP Begin: 01-15-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

4.00 EA ________________

Hoods testing per Performance Work Statement Contract Period: Base POP Begin: 01-15-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

FM200 testing per Performance Work Statement Contract Period: Base POP Begin: 01-15-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

240.00 EA ________________

Sprinklers/Smokes/pull station testing testing per Performance Work Statement

Contract Period: Base POP Begin: 01-15-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Dry System annual testing per Performance Work Statement Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Fire Pump testing per Performance Work Statement Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Semi Annual testing per Performance Work Statement Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Annual testing per Performance Work Statement Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Hoods testing per Performance Work Statement Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

FM200 testing per Performance Work Statement Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Dry System annual testing per Performance Work Statement Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

1.00 EA ________________ ________________

Fire Pump testing per Performance Work Statement Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Semi Annual testing per Performance Work Statement Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Annual testing per Performance Work Statement Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Biennial testing per Performance Work Statement Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Hoods testing per Performance Work Statement Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

FM200 testing per Performance Work Statement Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Dry System annual testing per Performance Work Statement Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Fire Pump testing per Performance Work Statement Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Semi Annual testing per Performance Work Statement Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Annual testing per Performance Work Statement Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Hoods testing per Performance Work Statement Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

FM200 testing per Performance Work Statement Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Dry System annual testing per Performance Work Statement Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Fire Pump testing per Performance Work Statement Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Semi Annual testing per Performance Work Statement Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Annual testing per Performance Work Statement Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Biennial testing per Performance Work Statement Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

Hoods testing per Performance Work Statement Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

FM200 testing per Performance Work Statement Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H242 - Equipment and Materials

GRAND TOTAL ________________

B.5 CONTRACTOR PAYMENT REQUESTS

Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp Tungsten e-Invoice Setup Information: 1-877-489-6135 Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-invoice email: vafsccshd@va.gov

Payment requests may be impacted if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13.

**Vendor must remain "Active" in SAMs for entire contract term**

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

(iii) Any such clause is deemed to…

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