36C25926Q0391.docx

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H363--Fire Alarm and Sprinkler (MTI) 635-26-3-5006-0050
Solicitation number
36C25926Q0391
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This is a Request for Quote (RFQ) for fire alarm and sprinkler system maintenance, testing, and inspection services at Department of Veterans Affairs health care facilities in Oklahoma. The contract is set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under VAAR requirements, with a total budget of $11.5 million. The solicitation was issued April 17, 2026, with offers due May 1, 2026, at 1:00 PM CDT, submitted via email to orrellius.williams@va.gov. The contract covers two locations: OKC VA Medical Center (921 NE 13th Street, Oklahoma City, OK 73104) and Lawton Main Outpatient Clinic (4303 Pitman Street, Fort Sill, OK 73503). Services required include recurring inspection, testing, and maintenance of fire alarm and sprinkler systems in accordance with NFPA 72 and NFPA 25 standards, with specified frequencies ranging from quarterly to semi-annual to annual intervals, plus monthly troubleshooting and servicing at the Oklahoma City location. Contractors must supply qualified personnel, labor, materials, and calibration instruments; provide comprehensive reporting within 14 days of each inspection cycle in Joint Commission-acceptable format with deficiency lists and itemized cost quotes; and notify the Government 14 days in advance of service dates.

The contract period runs May 1, 2026, through April 30, 2031, consisting of a base year plus four option years, with evaluation based on price and technical capability. Award will be made to the lowest-priced qualified SDVOSB offeror meeting minimum requirements. Contractors must comply with Service Contract Labor Standards wage determinations for Oklahoma (two separate wage determination areas), maintain workers' compensation and general liability insurance ($500,000 per occurrence), obtain PIV badging for personnel working longer than 180 days, and follow HIPAA, security, and records management requirements. The contract includes standard FAR clauses for commercial services, prohibitions on covered telecommunications equipment, restrictions on certain foreign entities (China, Iran, Sudan), and limitations on subcontracting requiring the prime contractor to perform at least 50 percent of services work in-house. Payment will be made monthly via Electronic Funds Transfer.

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36C25926Q0391

RFQ 36C25926Q0391

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

36C25926Q0391 04-17-2026 Orrellius Williams 918-252-8812 05-01-2026 13:00

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 541350 $11.5 Million N/A X Department of Veterans Affairs Oklahoma City VA Health Care System 921 NE 13th St.

Oklahoma City OK 73104 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Provide Fire Fire Alarm & Sprinkler Maintenance, Testing and Inspection for the Oklahoma City VA Health Care System Please email responses to orrellius.williams@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 Please see FAR 52.212-2 section of the Solicitation for technical capability requirements.

For consideration please sign Limitations of Subcontracting Affirmation.

See CONTINUATION Page X Mitchael Purdom Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PERFORMANCE WORK STATEMENT (PWS)4
Fire Alarm Maintenance, Testing and Inspection4
B.3 Quality Assurance Surveillance Plan (QASP)15
B.4 PRICE/COST SCHEDULE16
ITEM INFORMATION16
SECTION C - CONTRACT CLAUSES25
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)25
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)30
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)30
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS30
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)30
C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)39
C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)41
C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)43
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)43
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS51
D.1 WAGE DETERMINATION (WD)51
SECTION E - SOLICITATION PROVISIONS70
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)70
E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)73
E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)73
E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)77
E.5 Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES77
E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)78
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)79

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 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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.

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)

Fire Alarm Maintenance, Testing and Inspection

1. GENERAL DESCRIPTION:

The purpose of this contract is to provide the Oklahoma City VA Health Care System with comprehensive inspection, testing, troubleshooting, and maintenance to its facilities’ fire alarm systems and fire sprinkler systems in accordance with the requirements specified with the latest code publications of NFPA 72 and NFPA 25 (note: this does not default to 2012 editions of NPFA). The fire panel programming at each of the facility locations listed under this scope of work are maintained frequently by a local vendor Everon Commercial Security.

2. LOCATIONS:

1) OKC VA Medical Center 921 NE 13th street

OKC OK 73104

2) Lawton Main 4303 Pitman St.

Ft Sill OK 73503

3. SERVICES:

a) Recurring Inspection, Testing, and Maintenance

The contractor shall supply all labor, materials, and other supplies needed to complete all required maintenance, testing, and inspections in accordance with most current editions of NFPA 72 and NFPA 25. They shall provide all necessary qualified personnel, labor, equipment, and calibration instruments to perform preventive maintenance and inspections for the Government-owned Fire Protection Systems located at the three facility addresses provided above. The required intervals for the respective component types for the fire alarm and fire suppression system are outlined below. The devices include fire alarm systems and fire sprinkler systems as well as all peripherals associated with these systems including but not limited to the items listed in this scope. The interval required under this contract’s scope may be more frequent than what the requirements of NFPA 72 and NFPA 2025 stipulate (latest editions are 2025 and 2023, respectively). The contractor shall be required to follow the latest stipulations of code for the tasks of each individual device; however, the VA facility is choosing to have a more frequent interval than code mandates.

Oklahoma City VA Medical Center

System
Component
Testing Frequency and Service Month
#
Fire Alarm
Supervisory Signals
Quarterly – Nov., Feb., May, Aug.
7
Fire Alarm
Off Site Notification (DACT)
Quarterly – Nov., Feb., May, Aug.
3
Sprinkler
Main Drains
Quarterly – Nov., Feb., May, Aug.
3
Sprinkler
Fire Department Connections
Quarterly – Nov., Feb., May, Aug.
5
Fire Alarm
CO Detectors
Semiannual – Nov. and May
3
Fire Alarm
Duct Detectors
Semiannual – Nov. and May
76
Fire Alarm
Heat Detectors
Semiannual – Nov. and May
55
Fire Alarm
Smoke Detectors
Semiannual – Nov. and May
403
Fire Alarm
Pull Boxes
Semiannual – Nov. and May
200
Fire Alarm
Electronic Releasing Devices
Semiannual – Nov. and May
118
Fire Alarm
Horn Only
Semiannual – Nov. and May
0
Fire Alarm
Horn Strobe
Semiannual – Nov. and May
5
Fire Alarm
Strobe Only
Semiannual – Nov. and May
5
Fire Alarm
Speaker Strobe
Semiannual – Nov. and May
448
Fire Alarm
Speaker Only
Semiannual – Nov. and May
798
Fire Alarm
Emergency Service Notification
Semiannual – Nov. and May
1
Fire Alarm
AHU Shutdown
Semiannual – Nov. and May
76
Fire Alarm
Annunciators
Semiannual – Nov. and May
5
Fire Alarm
Power Supplies
Semiannual – Nov. and May
60
Fire Alarm
Door Holder
Semiannual – Nov. and May
118
Fire Alarm
Digital Alarm Comm Transmitter
Semiannual – Nov. and May
1
Fire Alarm
FACP – Panel
Semiannual – Nov. and May
26
Fire Alarm
BAT – Batteries
Semiannual – Nov. and May
74
Fire Alarm
PWRS – Power Supply
Semiannual – Nov. and May
60
Fire Alarm
Elevator
Semiannual – Nov. and May
15
Fire Alarm
Elevator Primary Recall Test
Semiannual – Nov. and May
15
Fire Alarm
Elevator Alternate Recall Test
Semiannual – Nov. and May
15
Fire Alarm
Elevator Shunt Trip
Semiannual – Nov. and May
15
Fire Alarm
Roll down fire curtains
Semiannual – Nov. and May
0
Fire Alarm
Fire doors connected to security system
Semiannual – Nov. and May
4
Fire Alarm
Battery Charging Circuits
Semiannual – Nov. and May
24
Sprinkler
Tamper Switches
Semi-Annual – Nov. and May
123
Sprinkler
Water Flows
Semi-Annual – Nov. and May
93
Sprinkler
Backflow Preventers (one in a confined space)
Semiannual – Nov. and May
4
Sprinkler
Hydrant
Semiannual – Nov. and May
1
Sprinkler
Wet Systems
Semiannual – Nov. and May
5
Sprinkler
Dry Systems
Semiannual – Nov. and May
1
Sprinkler
Control Valves
Semiannual – Nov. and May
128
Sprinkler
Standpipe - Flow Test
5-year – Due in March of 2031
7

Lawton Main Outpatient Clinic

System
Component
Testing Frequency and Service Month
#
Fire Alarm
Supervisory Signals
Quarterly – Nov., Feb., May, Aug.
2
Fire Alarm
Off Site Notification (DACT)
Quarterly – Nov., Feb., May, Aug.
1
Sprinkler
Main Drains
Quarterly – Nov., Feb., May, Aug.
1
Sprinkler
Fire Department Connections
Quarterly – Nov., Feb., May, Aug.
1
Fire Alarm
Horn Only
Semiannual – Nov. and May
0
Fire Alarm
Horn Strobe
Semiannual – Nov. and May
0
Fire Alarm
Strobe Only
Semiannual – Nov. and May
6
Fire Alarm
Speaker Strobe
Semiannual – Nov. and May
37
Fire Alarm
Speaker Only
Semiannual – Nov. and May
0
Sprinkler
Tamper Switches
Semiannual – Nov. and May
2
Sprinkler
Water Flows
Semiannual – Nov. and May
1
Fire Alarm
Duct Detectors
Annual – Nov.
5
Fire Alarm
Heat Detectors
Annual – Nov.
2
Fire Alarm
Smoke Detectors
Annual – Nov.
27
Fire Alarm
Pull Boxes
Annual – Nov.
14
Fire Alarm
Electronic Releasing Devices
Annual – Nov.
0
Fire Alarm
Emergency Service Notification
Annual – Nov.
1
Fire Alarm
AHU Shutdown
Annual – Nov.
5
Fire Alarm
Annunciators
Annual – Nov.
1
Fire Alarm
Power Supplies
Annual – Nov.
1
Fire Alarm
Door Holder
Annual – Nov.
4
Fire Alarm
Digital Alarm Comm Transmitter
Annual – Nov.
1
Fire Alarm
FACP – Panel
Annual – Nov.
1
Fire Alarm
BAT – Batteries
Annual – Nov.
4
Fire Alarm
PWRS – Power Supply
Annual – Nov.
1
Fire Alarm
Elevator
Annual – Nov.
0
Fire Alarm
Elevator Primary Recall Test
Annual – Nov.
0
Fire Alarm
Elevator Alternate Recall Test
Annual – Nov.
0
Fire Alarm
Elevator Shunt Trip
Annual – Nov.
0
Fire Alarm
Roll down fire curtains
Annual – Nov.
0
Fire Alarm
Fire doors connected to security system
Annual – Nov.
0
Fire Alarm
Battery Charging Circuits
Annual – Nov.
1
Sprinkler
Backflow Preventers (one in a confined space)
Annual – Nov.
1
Sprinkler
Hydrant
Annual – Nov.
1
Sprinkler
Wet Systems
Annual – Nov.
1
Sprinkler
Dry Systems
Annual – Nov.
1
Sprinkler
Control Valves
Annual – Nov.
3
Sprinkler
Standpipe - Flow Test
5-year – Due in March of 2031
1

b) Monthly Servicing and Troubleshooting

The contractor shall provide a monthly inspection service separate from the inspection schedules. This service shall investigate and troubleshoot all active trouble codes, supervisory signals, faults, and deficiencies on the main fire panel at OKC VAMC (does not include Lawton campuses) that have not already been identified on a prior report or inspection. The contractor shall provide a detailed summary report of the issued identified and the root causes for each of the individual trouble codes, supervisory signals, faults, and deficiencies. If items are preexisting from the previous month’s inspection service, the contractor shall not be expected to troubleshoot the issues again unless additional information is needed for determining a proper corrective action to remove the deficiency. The contractor shall maintain a monthly digital inventory of all trouble codes, supervisory signals, faults, and deficiencies of the main fire panel and share this with the VA’s facility management team regularly. Each item shall be tracked with a unique item identifier to ensure tracking of new and repeat issues on the fire panel system. The contractor shall provide quotes to fix issues identified on the monthly service inspection outside of the regular quarterly inspection per code.

SERVICE STIPULATIONS & DELIVERABLES

a) The contractor must render all maintenance, testing, and inspections outlined in the table above during the respective calendar months above (i.e., November/May for semi-annual and November/February/May/August for quarterly).

b) The contractor must notify the VA’s COR and relevant stakeholders 14 days in advance with an Outlook invite and email describing the services being rendered as well as the location (no deviations from the contract’s service schedule shall be permitted due to the code mandates the facility must follow).

c) The contractor must prepare a comprehensive summary within 14 days after the most recent quarterly, annual, or semi-annual service which details the type of test for each device, the test results for each device, and each of the devices' locations in a format acceptable for The Joint Commission based on VA’s special accreditation standards.

d) At the first inspection interval of the contract, the contractor shall assign a task identification number for each item under the scope of work (e.g., Task #1, Task #2-A, etc.). The task identification numbers shall not change nor be duplicated throughout the entire duration of the recurring contract. Each of the device category items shall be separated by a page break on the report to allow for easier printing and presentation without rolling across several pages.

e) The contractor must provide a detailed deficiency list upon completion of each inspection cycle at the same time as the formal report’s delivery to the VA. This list must also include an itemized quote for correcting the respective deficiencies for each device category. The report must also indicate the code citation reference in accordance with the most recent code publications for NFPA 25 and 72 (i.e., no references to NFPA 2012 or similar years shall be accepted on the report’s references – oversights such as this shall result in suspended invoice payments until corrected).

f) The contractor’s quote will encompass all deficiency’s needing materials, troubleshooting, and programming to correct the deficiencies as well as any follow up inspection to confirm for documentation. The follow up report showing and noting the corrective actions taken shall clearly indicate the corrective actions taken as well as the associated original task number to which the device relates from the original document trail. Once again, the deficiency summary report shall be served at the same time as the proposal to correct all deficiency items.

4. CLINs – Cost Line Items

CLIN
Description
Quantity
Cost
POP
0001
Recurring maintenance, testing, and inspection – Semiannual services list at Oklahoma City VAMC
2

1-MAY-2026

To

30-APR-2027

0002
Recurring maintenance, testing, and inspection – Quarterly services list at Oklahoma City VAMC
4

1-MAY-2026

To

30-APR-2027

0003
Monthly servicing and troubleshooting - Oklahoma City VAMC
12

1-MAY-2026

To

30-APR-2027

0004
Recurring maintenance, testing, and inspection – Annual services list at Lawton Main Outpatient Clinic
1

1-MAY-2026

To

30-APR-2027

0005
Recurring maintenance, testing, and inspection – Semiannual services list at Lawton Main Outpatient Clinic
2

1-MAY-2026

To

30-APR-2027

0006
Recurring maintenance, testing, and inspection – Quarterly services list at Lawton Main Outpatient Clinic
4

1-MAY-2026

To

30-APR-2027

1001
Recurring maintenance, testing, and inspection – Semiannual services list at Oklahoma City VAMC
2

1-MAY-2028 to 30-APR-2029

1002
Recurring maintenance, testing, and inspection – Quarterly services list at Oklahoma City VAMC
4

1-MAY-2028 to 30-APR-2029

1003
Monthly servicing and troubleshooting - Oklahoma City VAMC
12

1-MAY-2028 to 30-APR-2029

1004
Recurring maintenance, testing, and inspection – Annual services list at Lawton Main Outpatient Clinic
1

1-MAY-2028 to 30-APR-2029

1005
Recurring maintenance, testing, and inspection – Semiannual services list at Lawton Main Outpatient Clinic
2

1-MAY-2028 to 30-APR-2029

1006
Recurring maintenance, testing, and inspection – Quarterly services list at Lawton Main Outpatient Clinic
4

1-MAY-2028 to 30-APR-2029

2001
Recurring maintenance, testing, and inspection – Semiannual services list at Oklahoma City VAMC
2

1-MAY-2028 to 30-APR-2029

2002
Recurring maintenance, testing, and inspection – Quarterly services list at Oklahoma City VAMC
4

1-MAY-2028 to 30-APR-2029

2003
Monthly servicing and troubleshooting - Oklahoma City VAMC
12

1-MAY-2028 to 30-APR-2029

2004
Recurring maintenance, testing, and inspection – Annual services list at Lawton Main Outpatient Clinic
1

1-MAY-2028 to 30-APR-2029

2005
Recurring maintenance, testing, and inspection – Semiannual services list at Lawton Main Outpatient Clinic
2

1-MAY-2028 to 30-APR-2029

2006
Recurring maintenance, testing, and inspection – Quarterly services list at Lawton Main Outpatient Clinic
4

1-MAY-2028 to 30-APR-2029

3001
Recurring maintenance, testing, and inspection – Semiannual services list at Oklahoma City VAMC
2

1-MAY-2029 to 30-APR-2030

3002
Recurring maintenance, testing, and inspection – Quarterly services list at Oklahoma City VAMC
4

1-MAY-2029 to 30-APR-2030

3003
Monthly servicing and troubleshooting - Oklahoma City VAMC
12

1-MAY-2029 to 30-APR-2030

3004
Recurring maintenance, testing, and inspection – Annual services list at Lawton Main Outpatient Clinic
1

1-MAY-2029 to 30-APR-2030

3005
Recurring maintenance, testing, and inspection – Semiannual services list at Lawton Main Outpatient Clinic
2

1-MAY-2029 to 30-APR-2030

3006
Recurring maintenance, testing, and inspection – Quarterly services list at Lawton Main Outpatient Clinic
4

1-MAY-2029 to 30-APR-2030

4001
Recurring maintenance, testing, and inspection – Semiannual services list at Oklahoma City VAMC
2

1-MAY-2030

To

30-APR-2031

4002
Recurring maintenance, testing, and inspection – Quarterly services list at Oklahoma City VAMC
4

1-MAY-2030 to 30-APR-2031

4003
Monthly servicing and troubleshooting - Oklahoma City VAMC
12

1-MAY-2030 to 30-APR-2031

4004
Recurring maintenance, testing, and inspection – 5-year services list at Oklahoma City VAMC
1

1-MAY-2030 to 30-APR-2031

4005
Recurring maintenance, testing, and inspection – Annual services list at Lawton Main Outpatient Clinic
1

1-MAY-2030 to 30-APR-2031

4006
Recurring maintenance, testing, and inspection – Semiannual services list at Lawton Main Outpatient Clinic
2

1-MAY-2030 to 30-APR-2031

4007
Recurring maintenance, testing, and inspection – Quarterly services list at Lawton Main Outpatient Clinic
4

1-MAY-2030 to 30-APR-2031

4008
Recurring maintenance, testing, and inspection – 5-year services list at Lawton Main Outpatient Clinic
1

1-MAY-2030 to 30-APR-2031

5. PERIOD OF PERFORMANCE:

a. Base Year: 1-MAY-2026 to 30-APR-2027

b. Option Year 2: 1-MAY-2027 to 30-APR-2028

c. Option Year 3: 1-MAY-2028 to 30-APR-2029

d. Option Year 4: 1-MAY-2029 to 30-APR-2030

e. Option Year 5: 1-MAY-2030 to 30-APR-2031 (6-month final extension is optional)

6. CONTACT INFORMATION:

1. Primary - Nathaniel Eastham 405-625-6464 and Nathaniel.Eastham@va.gov

2. Alternate - Josiah Curley 405-456-5372 and Josiah.Curley@va.gov

3. Tertiary - Boiler Plant Operator Station 405-456-3520 (after-hours contact)

7. CONTRACTING OFFICER REPRESENTATIVE (COR):

The contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer unless it is identified by the contract’s scope of work. The Government may appoint a COR. If so, a Delegation of Authority letter will be forwarded to the using service and the Contractor after the contract has been signed. The Delegation of Authority will identify the individual(s) as the COR(s). A COR is someone that is designated and authorized in writing (Delegation of Authority) by the Contracting Officer to perform specific technical or administrative duties. The COR is not authorized to grant permission(s) to change the scope of the project. The COR that is assigned for this contract will ensure that the supplies/services provided by this company are received based on the contractual terms and conditions. Finally, the COR will ensure that your invoices are received and paid timely in the best interest of the contractor.

8. HOURS OF SERVICES:

a. Normal Operational Hours (i.e., 06:00-17:00)

i. Services and inspections shall be performed on weekdays during normal business hours between 06:00 CST to 17:00 CST unless other arrangements have been made with the appropriate representatives.

ii. Normally, work will not be done on federal holidays. A list of federal holidays is at Federal Holidays (opm.gov).

iii. Any work scheduled outside of normal operational hours must be arranged and approved by the VA Health Care System’s Engineering service with at least 48 hours of advanced notice prior to work being performed and at least 14 days of advanced notice prior to any work requiring a system outage.

9. CONTRACTUAL REQUIREMENTS AND PERFORMANCE CRITERIA:

i. The contractor personnel shall report to VA personnel listed in the contacts list to sign-in every time work is being performed on site.

ii. The contractor personnel shall report to VA personnel listed in the contacts list to sign-out before departing the VA facility at the end of each week.

iii. The contractor personnel shall wear an identification badge provided by VA when working under the resulting contract on Federal property.

iv. The general contractor (not agents thereof) shall be required to have an on-site representative while contractor personnel are performing work.

10. GENERAL REQUIREMENTS:

i. All contractors performing work on our VA property on a recurring basis longer than 180 days must be vetted by Personal Identification Verification (PIV) badging. There will be a cost associated ($75.00) with this application requiring a background check for which contractors should account when submitting any formal bids.

ii. All contractors must complete and submit a quality assurance surveillance plan.

iii. All contractor personnel must be US nationals to be permitted onto VA property.

iv. The prime contractor shall provide documentation for all service actions received at the VA Health Care System after inspection and assessment work is completed. A summary of service provided shall be emailed to the COR for documentation and service our tracking.

v. All work shall be done safely and in accordance with OSHA Regulations, VA Directives, and the State of Oklahoma Regulations. The contractor is responsible for ensuring that workplace safety regulations (i.e. OSHA) are always adhered to and that a clean, non-cluttered workspace is maintained upon completion of any installation and maintenance work.

vi. At no time will contractors leave left-over equipment on location when work being performed is not continual 24-hour work unless the Department of Veteran Affairs Personnel has given written permission to the contractor to do so.

vii. The vendor will provide a general schedule of any proposed inspection and assessment work on the medical gas systems and list of calendar days where the contractor’s qualified technician will be on-site to perform work within five (5) days of the start of the contract’s performance period. The maintenance schedules must also be approved by the VA Health Care System’s Engineering Services department.

b. Prior to the start of the contracting period, the primary contractor will be required to meet with the COR five (5) days prior to the beginning of the contract’s services in the Period of Performance to hold an award kickoff meeting to discuss the contents contained within this document to ensure that questions, concerns, and expectations are brought up prior to the start of work to remove any contractual ambiguity during the performance period with the VA.

c. The contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free. No weapons are permitted on the premises.

i. All work will be done safely and in accordance with OSHA Regulations, VHA Directives, State of Oklahoma Regulations, and local medical center policies as well as local procedures (e.g., ICRA/PCRA). The contractor will be responsible for ensuring that workplace safety regulations are always followed and that a clean, non-cluttered workspace is maintained upon completion of any installation and maintenance work

d. No weapons are permitted on the premises.

e. The contractor and their personnel shall always wear visible identification while they are on premises.

f. VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

g. The contractor shall take all reasonable precautions necessary to protect people and property from injury or damage during the performance of this contract.

h. The contractor must demonstrate and acknowledge competency in the listed reference documents for this scope of work’s mission objectives.

11. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS:

a. Citations to pertinent laws, codes, and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. The contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

d. The contractor shall not retain, use, sell, or disseminate copies of any deliverables that contain information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

e. The contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. The contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. The contractor agrees to comply with federal and agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [email, fax, etc.] or state of completion [draft, final, etc.]. 36C26321P0052

i. No disposition of documents will be allowed without the prior written consent of the contracting officer. The agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the agency or destroyed without regard to the provisions of the agency records schedules.

j. The contractor is required to obtain the contracting officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The contractor (and any sub-contractor) is required to abide by government and agency guidance for protecting sensitive and proprietary information.

12. SECURITY REQUIREMENTS

a. Background investigations and special agreement checks: All contractor personnel working on VA property consistently for greater than 180 days are subject to the same level of investigation as VA employees who have access to VA Sensitive Information and will be required to obtain a PIV badge. The level of background investigation commensurate with the level of access needed to perform the performance work statement is PIV badging.

b. This requirement is applicable to all subcontractor personnel requiring the same access.

c. Following contract award, the Contracting Officer will provide the Contractor with forms to complete and guidance regarding the background process.

d. The Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

e. The Contractor may have access to Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) that is subject to protection under the regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”). Pursuant to the Privacy and Security Rules, the Contractor must agree in writing to certain mandatory provisions regarding the use and disclosure of PHI and EPHI.

f. The Contractor shall have access to some privileged and confidential materials of VA. These printed and electronic documents are for internal use only, are not to be copied or released without permission, and remain the sole property of VA. Some of these materials are protected by the Privacy Act of 1974 (revised by PL 93-5791) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense.

g. The Contracting Officer (CO) shall be the sole authorized official to release in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. The Contractor shall release no information. Any request for information relating to this contract presented to the Contractor shall be submitted to the CO for response.

h. Contractor personnel recognize that in the performance of this effort, Contractor personnel may receive or have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers and other private or public entities. Contractor personnel agree to safeguard such information and use the information exclusively in the performance of this contract. Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations as enumerated in this section and elsewhere in this Contract and its subparts and appendices.

i. Contractor shall limit access to the minimum number of personnel necessary for contract performance for all information considered sensitive or proprietary in nature.

j. If the Contractor is uncertain of the sensitivity of any information obtained during the performance this contract, the Contractor has a responsibility to ask the CO.

k. Contractor shall train all their employees involved in the performance of this contract on their roles and responsibilities for proper handling and nondisclosure of sensitive VA or proprietary information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information shall be used for the profit of any party other than those furnishing the information. The sensitive information transferred, generated, transmitted, or stored herein is for VA benefit and ownership alone.

l. All terminated personnel are denied physical and electronic access to all data, program listings, data processing equipment and systems.

13. CHANGES TO CONTRACT

Only those services specified herein are authorized. Before performing any service of a non-contractual nature, Contractor shall contact the COR and Contracting Officer and identify the reason(s) for the additional work and/or service. All changes shall have prior written authorization from a VA Contracting Officer in the form of a written modification. The government may pursue a bilateral modification with the awarded contractor post award to adjust interval frequencies and locations depending the need of the facility’s requirement.

14. GRAY MARKET PREVENTION LANGUAGE

1. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of medical equipment for VA Health Care Systems. No remanufactures or gray market items will be acceptable.

2. The Contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed medical supplies, medical equipment, and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

3. The delivery of gray market items to the VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

15. SERVICE CONTRACT LABOR STANDARDS REQUIREMENTS

a. Contractor shall provide hourly wages in accordance with U.S. Department of Labor (USDOL) Wage Determinations and FAR Subpart 22.10 (Service Contract Labor Standards); USDOL Wage Determinations are attached in Section D below and updated versions will be attached as part of option year exercises or task orders issued against IDIQ contract or BPA as applicable.

b. For guidance on Service Contract Labor Standards and to find the nearest USDOL resource, please refer to https://www.dol.gov/whd/local/index.htm.

16. POST-AWARD CONFERENCE

a. Upon award of contract, Contractor can request a post-award conference via conference call with the Contracting Officer (CO), Contracting Officer Representative (COR), and COR designated representatives from VA facility.

B.3 Quality Assurance Surveillance Plan (QASP)

FIRE/SMOKE ALARM MIANTENANCE, TESTING AND INSPECTION

Quality Assurance Surveillance Plan (QASP)

VA Medical Center Oklahoma City OK 73104

CONTRACT PERFORMANCE MONITORING:

Monitoring of contractor’s performance shall be demonstrated through Direct Observation. The COR and/or the alternate COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

CONTRACTOR MONITORING BY SERVICE: (QASP)

At the time of contract award, the Contracting Officer will appoint a COR and the alternate COR to assist with the contract monitoring requirements. The COR (and alternate COR if appointed) will monitor such items as quality of service, timeliness of performance, customer service, cost control, and business relations. The COR will ensure that services are performed and be responsible for handling service-related requirements necessary for patient care, the Mission of VHA.

The services provided will be monitored through a variety of mechanisms, including but not limited to:

Observation Random Inspection of services provided

The Government may evaluate the quality of professional and administrative services provided; but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for inspections and/or testing methods), in accordance with FAR 37.401(b).

The delegated COR (and/or alternate COR) will notify the Contracting Officer of any non-compliance immediately upon his/her gaining knowledge of any such situation or incident. Initial communication may be communicated by telephone. After such communication, the COR (and/or alternate COR) will provide a written/electronic statement to the contracting officer along with any supporting documentation regarding the performance failure noted.

A summary evaluation of the contractor performance will be forwarded to the contracting officer annually prior to exercising any option year(s) and could affect positive CPARS (Contract Performance Assessment Reporting System) or other Past Performance Ratings.

PERFORMANCE REQUIREMENTS MATRIX:

Task
Standard
Acceptable Quality Level (AQL)
Surveillance Method
Incentives/ Disincentives
1. Frequency Of Service
Frequencies of service met IAW Performance Work Statement (PWS)
No more than 1 discrepancies per service year.
Direct Observation
Non-compliance forwarded to CO.

Positive or Negative Past Performance Report

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Oklahoma City VAMC Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H912 - Other Quality Control, Testing, and Inspection - Fire Control Equipment

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Oklahoma City VAMC

POP Begin: 05-01-2026 POP End: 04-30-2027

12.00
JB
__________________
__________________

Monthly servicing and troubleshooting - Oklahoma City VAMC

POP Begin: 05-01-2026 POP End: 04-30-2027

1.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Annual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2026 POP End: 04-30-2027

2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2026 POP End: 04-30-2027

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2026 POP End: 04-30-2027

2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Oklahoma City VAMC Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Oklahoma City VAMC

POP Begin: 05-01-2027 POP End: 04-30-2028

12.00
JB
__________________
__________________

Monthly servicing and troubleshooting - Oklahoma City VAMC

POP Begin: 05-01-2027 POP End: 04-30-2028

1.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Annual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2027 POP End: 04-30-2028

2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2027 POP End: 04-30-2028

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2027 POP End: 04-30-2028

2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Oklahoma City VAMC Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Oklahoma City VAMC

POP Begin: 05-01-2028 POP End: 04-30-2029

12.00
JB
__________________
__________________

Monthly servicing and troubleshooting - Oklahoma City VAMC

POP Begin: 05-01-2028 POP End: 04-30-2029

1.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Annual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2028 POP End: 04-30-2029

2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2028 POP End: 04-30-2029

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2028 POP End: 04-30-2029

2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Oklahoma City VAMC Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Oklahoma City VAMC

POP Begin: 05-01-2029 POP End: 04-30-2030

12.00
JB
__________________
__________________

Monthly servicing and troubleshooting - Oklahoma City VAMC

POP Begin: 05-01-2029 POP End: 04-30-2030

1.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Annual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2029 POP End: 04-30-2030

2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2029 POP End: 04-30-2030

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2029 POP End: 04-30-2030

2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Oklahoma City VAMC Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Oklahoma City VAMC

POP Begin: 05-01-2030 POP End: 04-30-2031

12.00
JB
__________________
__________________

Monthly servicing and troubleshooting - Oklahoma City VAMC

POP Begin: 05-01-2030 POP End: 04-30-2031

1.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Annual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2030 POP End: 04-30-2031

2.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Semiannual services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2030 POP End: 04-30-2031

4.00
JB
__________________
__________________

Recurring maintenance, testing, and inspection - Quarterly services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2030 POP End: 04-30-2031

1.00
EA
__________________
__________________

Recurring maintenance, testing, and inspection – 5-year services list at Oklahoma City VAMC

POP Begin: 05-01-2030 POP End: 04-30-2031

1.00
EA
__________________
__________________

Recurring maintenance, testing, and inspection – 5-year services list at Lawton Main Outpatient Clinic

POP Begin: 05-01-2030 POP End: 04-30-2031

GRAND TOTAL
__________________

36C25926Q0391

Page 1 of Page 1 of

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…

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