36C26025Q0741.docx

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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

36C26025Q0741 08-13-2025 Derek Crockett

(360) 816-2760

09-01-2025 15:00

PDT

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X

561210 $47 Million

N/A

36C260 Department of Veterans Affairs Puget Sound VA Medical Center 1660 South Columbian Way See SOW locations Seattle WA 98018 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page The Department of Veterans Affairs, Puget Sound VA Medical requires annual inspection, testing, certification, and preventative maintenance services for doors.

Estimated period of performance: 2025 - 20230.

This is notice of a total SDVOSB set-aside. Offerors must be registered and a certified SDVOSB in the SBA DSBS database at time of offer and award to be considered eligible.

Offerors must submit required documentation in Section E.13.

Incomplete quotes and offers will be determined as non-compliant and not acceptable.

Questions for this RFQ will be accepted by email only at derek.crockett@va.gov on or before 08/27/2025.

See section E.11 for offeror submission requirements.

See CONTINUATION Page one

Derek Crockett

Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

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

3. INVOICES: Invoices shall be submitted in arrears:

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:

Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Seattle Campus Annual Services See Attachment A - Equipment Listing and Statement of Work Contract Period: Base

POP: 2025 - 2026

PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: H399 - Inspection - Miscellaneous

American Lake Campus Annual Services

Contract Period: Base

POP: 2025 - 2026

Seattle Campus Annual Services See Attachment A - Equipment Listing and Statement of Work Contract Period: Option 1

POP: 2026 - 2027

American Lake Campus Annual Services

Contract Period: Option 1

POP: 2026 - 2027

Seattle Campus Annual Services

Contract Period: Option 2

POP: 2027 - 2028

American Lake Campus Annual Services

Contract Period: Option 2

POP: 2027 - 2028

Seattle Campus Annual Services

Contract Period: Option 3

POP: 2028 - 2029

American Lake Campus Annual Services

Contract Period: Option 3

POP: 2028 - 2029

Seattle Campus Annual Services

Contract Period: Option 4

POP: 2029 - 2030

American Lake Campus Annual Services

Contract Period: Option 4

POP: 2029 - 2030

B.2 DELIVERY SCHEDULE

Puget Sound VA Medical Center – Seattle Campus and American Lake Campus.

B.3 STATEMENT OF WORK (SOW)

1. Contract Title: Annual door and automatic doors inspections, testing, certification, and preventative maintenance services.

2. Overview:

The Department of Veterans Affairs has a requirement for Door and Automatic Door annual inspections, certification, and preventative maintenance Services at the Puget Sound VA Medical Center – Seattle and American Lake campus.

This contractor shall provide annual door inspections, certification, and preventative maintenance services to ensure patient safety and compliance. See Attachment A – Equipment Listing for all doors requiring annual inspections.

The contractor shall provide all parts, travel, labor, and materials necessary to complete annual inspection, testing, certification, and preventative maintenance for all doors and automatic door systems.

The contractor shall ensure all work meets city, county, federal, Washington state, and industry standards to include annual door testing, inspection, and certification requirements.

3. Scope:

This contractor shall provide annual inspections, certification, and preventative maintenance services of doors and door systems at VA Hospital Seattle and VA American Lake as outlined in the equipment listing. See Attachment A – Equipment Listing.

The scope includes sliding doors, swinging doors, revolving doors, ICU/CCU doors.

The contractor shall complete all services annually on or before April 30th for each year and all option years.

Per annum, the contractor shall visually inspect and provide functional testing of all doors in accordance with the general standards and equipment manufacturer specifications. See Attachment A – Equipment Listing.

Per annum, the contractor shall add opening identification stickers for Underwriters Laboratories (UL) Rated Assembly for all doors in the equipment listing and in accordance with the general standards and equipment manufacturer specifications.

Per annum, the contractor shall provide annual preventative maintenance on all automatic doors in strict accordance with the manufacturer’s specifications and general standards.

After completing the annual inspection, testing, and preventative maintenance services, the contractor shall compile and submit inspection and service reports by each campus detailing all work performed, any repairs with a quote, repair recommendations, and annual door certificates for all inspected doors.

The contractor shall provide quotes for all door and door system deficiencies that cannot be corrected through preventative maintenance and require additional repairs. Quotes must include a description of the door, identified deficiencies, required manufacturer parts, and an estimated cost for materials and labor.

4. Specific Tasks:

The contractor shall ensure the reliable operation of all automatic door systems, including sliding, swinging, revolving, ICU/CCU doors, and automatic doors. See Attachment A – Equipment Listing.

Preventative maintenance on automatic doors shall include:

1. Inspecting and lubricating all moving parts.

2. Checking and adjusting door alignment and sensor sensitivity.

3. Testing safety features and ensuring proper operation of safety devices.

4. Cleaning tracks, frames, and mechanisms to prevent debris buildup.

5. Verifying compliance with general standards and the manufacturer specifications.

- Task 1 – Component Inspection and Maintenance: The contractor shall conduct annual preventive maintenance on all door and automatic door systems, performing the following:

Inspect Equipment for Visible Damage or Wear: Examine all door components for visible damage or wear. Determine the cause of any damage and record findings in a detailed report.

-Check and Inspect Hanger Wheels, Track/Cap: Inspect hanger wheels and tracks/caps for wear, misalignment, or debris. Adjust or replace components as necessary to ensure smooth operation.

Check All Locking Systems: Inspect security clips, solenoid locks, and key cylinders. Lubricate, adjust, or repair to ensure secure and reliable locking mechanisms.

-Inspect Floor Track: Clean and sweep out floor tracks to remove debris. Note excessive wear, determine the cause, and recommend corrective actions.

-Check and Inspect Bottom Guides: Inspect bottom guides for wear or damage. If excessive wear is found, determine the cause and adjust as necessary.

-Inspect Safety Decals: Verify that safety decals meet ANSI/BHMA A156.10 or A156.19 requirements. Install or replace decals as necessary to ensure compliance.

Lubrication and Adjustments: Lubricate mechanical components, including ball detents and swing-out (SO) panel pivots, to ensure smooth operation. Adjust components to maintain compliance with applicable standards.

Task 2 – Inspection and Testing The contractor shall perform annual and as-needed inspections and testing to verify compliance with life safety, manufacturer specifications, WA state door inspection requirements, and accessibility standards.

I. Annual Door Inspections: Conduct annual inspections and certification of doors per NFPA 80, verifying proper operation, latching, labeling, and closing mechanisms. Ensure horizontal sliding doors comply with NFPA 101 Section 19.2.2.2.10.2 for latching in healthcare settings. Record findings and corrective actions.

II. ANSI/BHMA Compliance Testing: Perform inspections by AAADM-certified technicians to verify compliance with ANSI/BHMA A156.10 (power-operated doors) and A156.19 (low-energy doors), including:

III. Check Breakout Force: Test and adjust breakout force to meet ANSI/BHMA A156.10 or A156.19 requirements for emergency egress.

IV. Check Door Closing Force: Test and adjust closing force, lubricating ball detents and SO panel pivots as necessary to meet ANSI standards.

V. Check and Adjust Operational Speeds: Verify that opening and closing speeds do not exceed ANSI/BHMA A156.10 or applicable code limits. Adjust as necessary.

VI. Check and Adjust Threshold Sensors/Safety Beams: Ensure sensors/safety beams meet ANSI/BHMA A156.10 requirements for detection and response. Adjust alignment and sensitivity.

VII. -Check and Adjust Motion Sensor Ranges: Verify motion sensor ranges and time delays meet ANSI/BHMA A156.10 or applicable code. Note and address any problems (e.g., false triggers, inadequate range).

VIII. Accessibility and Cycle Count Verification: Verify that all automatic doors meet ADA Standards for clear width, opening force, and sensor activation. Collect and record current cycle counts for each door to monitor usage and predict maintenance needs.

IX. Calibration: The contractor will be responsible for calibrating doors, door components, and door systems to ensure they meet manufacturer guidelines, function properly, and comply with annual certification requirements. This task must be performed in accordance with general standards to maintain safety and regulatory compliance.

Emergency Procedures: In the event devices, systems, or components are identified as requiring emergent repair or replacement, the contractor shall notify the VA COR immediately by phone and email.

5. Contractor Schedule:

I. The contractor must submit an annual project schedule in advance, detailing the dates, times, and locations of onsite inspections and preventative services. This schedule must be reviewed and approved in writing by the VA COR before any onsite contractor performance.

II. The government will not pay additional costs for the rescheduling of services, travel costs incurred to accomplish the work, correct discrepancies in performance, or any work required and as outlined in the statement of work.

HOURS OF WORK, SCHEDULE, AND FEDERAL HOLIDAYS

The hours of work shall take place during the normal business hours of 7:30 AM and 4:00 PM, Monday through Friday, Federal Holidays excluded. Federal Holidays and any other day declared a federal holiday by the President of the United States are defined below.

If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by the U.S. Government.

6. General Standards:

I. National Fire Protection Association (NFPA) 101 Life Safety Code, Latest edition.

II. National Fire Protection Association (NFPA) 80 Standard for Fire Doors and Other Opening Protectives, latest edition.

III. National Fire Protection Association (NFPA) 70 National Electrical Code, latest edition.

IV. National Fire Protection Association (NFPA) 70E Standard for Electrical Safety in the Workplace, latest edition.

V. National Fire Protection Association (NFPA) 99 Health Care Facilities Code, latest edition.

VI. Occupational safety and health standards (OSHA) - 29 CFR 1910.

VII. American National Standards Institute (ANSI) & Builders Hardware Manufacturers Association (BHMA) - A156.10 standard for American National Standard for Power Operated Pedestrian Doors.

VIII. Washington Administrative Code (WAC) - WAC Chapter 212-11 "Fire Protection Systems Inspection, Testing, and Maintenance.

7. Deliverables:

During the annual onsite visit, the contractor shall provide updated stickers on all doors detailing the date of inspection and testing performed.

With 15 calendar days after completion of all onsite annual services, the contractor shall submit a detailed report by each campus location- Seattle campus and American Lake Campus. The contractor’s report must include all door certifications, inspection, calibration, and testing reports, summary of all preventative maintenance performed, and any quotes for recommended repair work outside the scope of routine preventative maintenance services.

Reports shall also include:

I. Annual Inspection Reports detailing compliance with NFPA 80, NFPA 101, ANSI/BHMA, and ADA standards, including causes of wear/damage and corrective actions.

II. AAADM Inspection Certificates for each door system inspected.

III. Cycle Count Log for each automatic door system.

8. Performance Monitoring & Quality Assurance Surveillance Plan (QASP):

9. Final Completion and Acceptance Criteria:

I. The contractor shall submit the completed annual inspection report to the VHA COR for review and approval report 15 calendar days after the onsite annual inspection, testing, certification, and preventative maintenance services are completed.

II. In the event the VA COR identifies discrepancies in the deliverable report or contractor’s work, the contractor shall correct those report discrepancies within 7 calendar days and at no additional cost to the government.

10. Contractor & Contractor Personnel Requirements:

I. All qualified, experienced, certified, and licensed personnel for the services required will be provided by the contractor.

II. All technicians shall be qualified to provide maintenance, testing, inspection, certification, and general repairs for doors and automatic doors.

III. The contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work.

12. Security Requirements:

The contractor shall comply with VA security policies as outlined in VA Form 2280, certified by the Information Security Officer (ISO). Security requirements include:

i. Identification: Technicians must wear VA-issued identification badges during work hours.

ii. Access Control: The contractor shall coordinate with the VA Physical Security Manager to ensure access is limited to authorized areas and times.

iii. Sensitive Information: No patient information or proprietary data will be accessed during this contract.

iv. Some areas require the contractor to obtain access to hospital areas that require compliance with security measures. The VA COR will require and verify contractor adherence to security protocols during performance monitoring.

v. All contractor personnel must check-in with the VA COR or VA COR designated VA point of contact prior to beginning any work.

vi. The Contractor and their personnel shall follow all VA policies, standard operating

vii. procedures, applicable laws and regulations while on VA property. Violations of

viii. VA regulations and policies may result in citation and disciplinary measures for persons violating the law.

13. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI):

i. No government equipment shall be provided for the execution of this contract.

The contractor is responsible for providing all transportation/travel for all materials, supplies, personnel and all items needed for the duration.

ii. The Contractor shall obtain and use all operational and technical documentation (such as: Handout materials and Certificate of Completion, manufacturer operational and service manuals, schematics, and parts lists) and diagnostic equipment which are necessary to meet the performance requirements of this contract.

Risk Control:

iii. The contractor shall ensure there is minimal disruption to hospital operations: Noise, vibrations, patient traffic, patient safety, and that any shutdowns that may interfere with hospital services are approved in advance by the VA COR.

iv. The contractor shall implement strict infection control measures to ensure that dust, debris, or contamination from work areas do not compromise sterile environments. This includes utilizing appropriate barriers, negative air pressure systems, and thorough cleaning protocols to maintain a clean and safe workspace.

v. The contractor is responsible for ensuring the care, custody, and safety of all personal furnishings during the performance of this contract. This includes protecting furnishings from damage, loss, or theft, and promptly addressing any issues that arise.

14. Place of Performance:

Puget Sound VA Medical Center – Seattle Campus 1660 S Columbian way, Seattle WA 98108

Puget Sound VA Medical Center – American Lake Campus 9600 Veterans Dr SW, Tacoma WA 98493

16. Period of Performance: 2025 - 2030

36C26025Q0741

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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 be stricken from the EULA, TOS, or similar legal instrument or agreement.

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) year.

(End of Clause) C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified…