36C26025Q0750.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

463-25-4-777-0092

36C26025Q0750 07-17-2025

Brian Millington 253-888-4914 07-28-2025

16:30 PDT

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

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

X 100

X

561621

$25 Million

NET 30

N/A

X

Department of Veterans Affairs Alaska VAHCS See Section B.2 SOW 1201 N Muldoon Rd Anchorage AK 99504

36C260

NCO 20 Network Contracting Office

ATTN: V4CONT

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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

The Alaska VAHCS has a requirement for a contractor to provide Fire extinguisher, suppression and, alarm inspection and testing service IAW the incorporated Statement of Work.

This solicitation is 100% set-aside for Service Disabled Veteran Owned Small Business (SDVOSB).

Offerors shall thoroughly review the quote preparation in Section E.6.

Emailed questions are due NLT 07/23/2025 at 16:30 PDT.

Quotes are due NLT 07/28/2025 at 16:30 PDT.

SDVOSB Vendors who do not Certify VAAR 852.219-75 VA Notice of

Limitations in Sub-contracting will be deemed nonresponsive.

Email questions and quotes to: brian.millington@va.gov

463-3650162-777-850300-2543 0100501X8

X

Brian Millington Contracting Officer

36C26025Q0750

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 24

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION………………………………………………………………...34

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 ADDENDUM TO FAR 52.212-1. ADDITIONAL QUOTE PREPARATION

INSTRUCTIONS AND QUESTIONS

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

1998)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

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

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:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] After Completion

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 STATEMENT OF WORK

STATEMENT OF WORK

Alaska VA Health Care System (AVAHS) Fire Extinguishers, Suppression and Alarms Inspection and Testing

General Information: This is a non-personal services contract to provide fire extinguishers, alarm and suppression inspection and testing for Alaska VA Healthcare System. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor, who in return is responsible to the Government.

BACKGROUND: Alaska VA Health Care System is required to conduct routine Fire Safety Systems inspection and testing. This inspection is critical to maintaining a safe environment for patients, visitors, and staff members. The Alaska VA does not have the manpower equipment or certifications to conduct this task. This contract fulfills a one-time inspection requirement.

1.0 General Requirements

1.1.1 The Alaska VA Healthcare System facilities are located in Anchorage Alaska at:

1) Domiciliary – 50 Bed Residential Board and Care and office space - 3001 C. St, Anchorage, AK 99503

a. Fire Detection System – Firelite MS-9600LS

b. Wet Pipe Sprinkler

c. Kitchen Wet Chemical System– Ansul R102

d. Approx. 20 Fire Extinguishers

i. 12 – 10lb ABC

ii. 1 – 20lb K

iii. 7– 5lb ABC

2) Transitional Housing 4-plex apartment w/ basement - 932 E. 12th Ave, Anchorage, AK 99501

a. Fire Detection System– ESL 1503

b. Residential Wet Pipe Sprinkler

c. Fire Extinguishers

i. 6 – 5lb ABC

ii. 1 – 10lb ABC

3) Transitional Housing 4-plex apartment w/ basement - 944 E. 12th Ave, Anchorage, AK 99501

a. Fire Detection System – ESL 1503

b. Residential Wet Pipe Sprinkler

c. 5 – 5lb ABC Extinguishers

4) Transitional Housing 4-plex apartment - 709 N. Hoyt St, Anchorage, AK 99508

a. Fire Detection System – ESL 1505

b. Residential Wet Pipe Sprinkler

c. 4 – 5lb ABC Extinguishers

1.1.2 The Contractor shall complete all required contractor training as required by the site prior to the work activity or be escorted by a representative of the facility throughout the duration of the work activity.

1.1.3 The Contractor shall meet all Veteran’s Health Administration (VHA) follow all Pre-construction / Infection Control Risk Assessment (P/ICRA) requirements prior to conducting inspection and testing activities.

1.1.4 The contractor shall perform all annual inspection and testing of portable fire extinguisher. Inspections shall be in accordance with the current edition of NFPA 10 chapter 7 and the particular fire extinguisher manufacturer’s recommendations. The work shall be performed in a manner that will ensure serviceability and prevent deterioration in value or effectiveness. The contractor shall have only competent and qualified personnel perform the work.

1.1.5 Scope of work includes completing the NFPA required fire sprinkler and alarm inspections and testing within all identified locations. Veterans’ Affairs (VA) will provide fire alarm and sprinkler drawings of these facilities as requested and tracker of current fire extinguisher inventory. Information, including drawings and other documentation, provided to the Contractor, shall be used for reference only. Annual system inspections will be performed and certified for all systems located at the provided addresses. The Contractor shall field check everything and shall not use any drawings provided for plan or elevation views.

Construction Security Requirements:

a. The General Contractor is responsible for assuring that all sub-contractors working on the project and their employees also comply with these regulations.

b. All contractors need to check in with VA Police and Facility Management Service (FMS) prior to conducting any work.

c. General Contractor’s employees shall not enter the project site without obtaining and displaying the appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the site. Transitional Housing locations do not have security on site, contractors shall check in with the Main Campus Police by contacting 907-257-6950.

d. For working outside the “regular hours” as defined in the contract, the General Contractor shall give 3 days' notice to the Contracting Officer so that escort arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section.

e. No photography of VA premises is allowed without written permission of the Contracting Officer.

f. VA reserves the right to close or shut down the project site and order General Contractor’s employees off the premises in the event of a national emergency. The General Contractor may return to the site only with the written approval of the Contracting Officer.

1.1.6 Existing Fire Suppression and Detection Systems: Do not impair automatic suppression, smoke and heat detection, and fire alarm systems without first coordinating with FMS and Facility Safety.

1.1.7 Smoking: Smoking is prohibited on all AVAHS Property.

2.0 Inspection and Testing

2.0.1 Fire Detection: Contractor shall perform inspections and testing to ensure Fire Alarm Systems and equipment are in continual compliance with NFPA 72, and the equipment manufactures specifications. Inspections shall ensure fire alarm installations are in accordance with applicable NFPA Codes, and other required fire alarm installation standards.

Contractor shall:

Visually inspect fire alarm systems to assure systems are installed in accordance with applicable NFPA Codes and manufacture system design criteria.

Visually inspect fire alarm systems to assure that obvious damages or changes that might affect the system operability are visually identified.

Tests fire alarm and signaling systems to ensure system operational reliability in accordance with NFPA 72.

Perform inspections and testing services in compliance with the latest Joint Commission/NFPA Standards. The inspection/testing frequency will be performed in accordance with the most current Joint Commission concurrence on EC & LS Standards.

Perform preventative maintenance inspections of the fire alarm systems and components.

Make sure to document all test results to include any discrepancies. Any critical discrepancies will be immediately brought to FMS.

Verify AHU Shutdown with testing of duct detectors.

Test results in NFPA (VHA/Joint Commission) compliant format.

Test all audio/visual devices.

Maintain and provide a list of all system devices to the facility with testing status.

Perform annual fire alarm testing.

Provide inspection reports within 14 days after inspection is completed

Conduct test of the monitoring company response times and document time on the inspection reports. The alarm monitoring company used by the AVAHS is Guardian Security.

Fire Suppression: Contractor shall perform inspections and testing to ensure Fire Suppression Systems and equipment are in continual compliance with NFPA 13, NFPA 25 and NFPA 96, and the equipment manufactures specifications. Inspections shall ensure fire suppression installations are in accordance with applicable NFPA Codes, and other required fire suppression installation standards. Contractor shall:

Visually inspect fire suppression systems to assure systems are installed in accordance with applicable NFPA Codes and manufacture system design criteria.

Visually inspect fire suppression systems to assure that obvious damages or changes that might affect the system operability are visually identified.

Tests fire suppression systems to ensure system operational reliability in accordance with NFPA 25 and NFPA 96 to also include back flow preventors and fire department connections.

Perform inspections and testing services in compliance with the latest Joint Commission/NFPA Standards. The inspection/testing frequency will be performed in accordance with the most current Joint Commission concurrence on EC & LS Standards.

Perform inspections of the fire suppression systems and components.

Work with VA staff to develop a fire sprinkler inspection schedule. Contractor to provide inspection schedule in electronic format.

Make sure to document all test results to include any discrepancies. Any critical discrepancies will be immediately brought to FMS.

Provide hard copy and electronic reports.

Test results in NFPA (VHA/Joint Commission) compliant format.

Perform annual fire sprinkler testing.

Provide inspection reports within 14 days after inspection is completed

Fire Extinguishers. Contractor shall perform annual inspections in accordance with the current edition of NFPA 10 chapter 7 and the fire extinguisher manufacturer’s recommendations. Annual inspection and maintenance procedures of all AVAHS portable fire extinguishers shall include the procedures detailed in the manufacturer's service manual and a thorough examination of the basic elements of the fire extinguisher. including the following:

Complete annual and 6-year maintenance and hydrostatic testing as required by NFPA 10 and the age/inspection dates of fire extinguishers in inventory.

Basic inspection requirements

a. Mechanical parts of all fire extinguishers

b. Extinguishing agent

c. Expelling means

d. Physical condition

e. Seals or tamper indicators

f. Boots, foot rings and attachments

Provide hard copy and electronic reports.

Provide inspection reports within 14 days after inspection is completed Make sure to document all test results to include any discrepancies. Any critical discrepancies will be immediately brought to FMS.

2.0.2 Notification - Before proceeding with any testing, all persons and facilities receiving alarm (monitoring company), supervisory, or trouble signals and all building occupants shall be notified of the testing to prevent unnecessary response. Coordinate notifications with VA Police and FMS.

At the conclusion of testing, those previously notified (and others, as necessary) shall be notified that testing has been concluded.

The VA representative and service personnel shall coordinate system testing to prevent interruption of critical building systems or equipment.

2.0.3 Contractor shall provide Performance Verification to ensure operational integrity. The Contractor shall provide a detailed inspection, testing and maintenance program within 30 days after award. The program shall be written to clearly establish the scope of the testing for the fire suppression, extinguishers, alarm and signaling systems. The program and results shall be documented with the testing records.

Inspection, testing and maintenance programs shall satisfy the requirements of NFPA standards, specifically NFPA 10, 13, 25, 72 and 96, and conform to the equipment manufacturer’s published instructions.

Inspection, testing and maintenance programs shall verify and ensure correct operation of the system.

Inspection, testing and maintenance shall be in accordance with the latest edition of NFPA 10-chapters 7 & 8, NFPA 13, NFPA 25-chapters 5 and 13, NFPA 72- Table

14.3.1 Visual Inspections and Table 14.4.3.2 Testing and NFPA 96- Chapter 11.

Testing shall include verification that the releasing circuits and components energized or actuated by the fire alarm system are electrically monitored for integrity and operate as intended on alarm.

Frequency of testing and maintenance of system(s) equipment shall depend on the type of equipment and the local ambient conditions. All apparatus requiring rewinding or resetting to maintain normal operation shall be rewound or reset as promptly as possible after each test and alarm.

2.0.4 Contractor shall provide corrective actions to resolve discovered impairments and deficiencies. The following requirements shall be applicable when a system is impaired.

System deficiencies shall be corrected.

If a deficiency is not corrected at the conclusion of system inspection, testing, or maintenance, the VA representative shall be informed of the impairment immediately and in writing within 24 hours.

2.0.5 Performance verifications includes, but not limited to the following:

Initiating Devices - Smoke, Duct, Heat Detectors.

Sprinkler Water flow Alarm-Initiating Devices.

Manually Actuated Alarm-Initiating Devices (manual pull stations).

Supervisory Signal–Initiating Devices.

Notification Appliances.

Interface Equipment and Emergency Control Functions.

Door and Shutter Release.

Electrically Locked Doors.

3.0 Contractor Qualifications

3.0.1 All work shall be performed by a factory trained Qualified Person as follows:

Inspection, Testing, and Service Personnel. (SIG-TMS) - Personnel, either individually or through their affiliation with an organization that is registered, licensed or certified by a state or local authority, shall be recognized as qualified and experienced in the inspection, testing, and maintenance of systems addressed within the scope of NFPA 10, 13, 25, 72 & 96.

Inspection Personnel. Inspections shall be performed by personnel who have developed competence through training and experience acceptable to the authority having jurisdiction.

Testing Personnel. Testing personnel shall have knowledge and experience of the testing requirements for fire alarm and signaling equipment of this Code acceptable to the authority having jurisdiction.

Service Personnel. Service personnel shall be qualified in the maintenance and servicing of systems addressed within the scope of this Code. Qualified personnel shall include, but not be limited to, one or more of the following:

(1) Personnel who are factory trained and certified for the specific type and brand of system being serviced.

(2) Personnel who are certified by a nationally recognized certification organization acceptable to the authority having jurisdiction.

(3) Personnel, either individually or through their affiliation with an organization that is registered, licensed, or certified by a state or local authority to perform service on systems addressed within the scope of this Code.

(4) Personnel who are employed and qualified by an organization listed by a nationally recognized testing laboratory for the servicing of systems within the scope of this Code.

3.0.2 The Government reserves the right to reject any personnel found unqualified in the performance of work for which they are employed.

3.0.3 The contractor shall design and implement a quality control plan to ensure that Inspection, Testing, and Maintenance is performed in accordance with applicable NFPA requirements. The quality control plan shall include a minimum of one inspection semiannually at the job site and at critical junctures to ensure compliance with NFPA 10, 13, 25, 72 & 96. Copies of all inspection, testing, and maintenance reports shall be provided to the Government point of contact (POC) on a semiannual basis at a minimum.

4.0 Hours of Operation:

4.4.1 The Contractor shall accomplish the tasks within the normal hours of operation.

Work shall be planned to minimize interference with the functions of the hospital. Normal hours of operation are Monday through Friday, 8:00 a.m. to 4:30 p.m. excluding the following Federal Holidays.

New Year’s Day Labor Day Dr Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day

Juneteenth Christmas Day Independence Day

5.0 Security Requirements: The Contractor employees shall not have access to Veteran Affairs sensitive or computer information and will not require routine access to Veteran Affairs Facilities. The Contractor employees shall require intermittent access only and will be escorted by Veteran Affairs employees while at Veteran Affairs Facilities. No background investigation is required.

6.0 VA Point of Contact (POC):

Name: Randy Erickson Address: 1201 N Muldoon Rd, Anchorage, AK 99504 Phone Number: (907)257-7463 E-Mail Address: Randy.erickson@va.gov

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Contractor will provide fire extinguisher, suppression and alarm system inspection and testing IAW the Statement of Work. Location:

Alaska Domiciliary – 50 bed residential board, care and office space.

3001 C. St, Anchorage, AK 99503

a. Fire Detection System – Firelite MS-9600LS

b. Wet Pipe Sprinkler

c. Kitchen Wet Chemical System– Ansul R102

d. Approx. 20 Fire Extinguishers

Contract Period: Base POP Begin: 08-01-2025 POP End: 07-31-2026 system inspection and testing IAW the Statement of Work. Location:

Transitional Housing 4-plex apartment w/ basement - 932 E. 12th Ave, Anchorage, AK 99501

a. Fire Detection System– ESL 1503

b. Residential Wet Pipe Sprinkler

c. Fire Extinguishers 6 – 5lb ABC 1 – 10lb ABC

Contract Period: Base system inspection and testing IAW the Statement of Work. Location:

Transitional Housing 4-plex apartment w/ basement 944 E. 12th Ave, Anchorage, AK 99501

a. Fire Detection System – ESL 1503

b. Residential Wet Pipe Sprinkler

c. 5 – 5lb ABC Extinguishers

Contract Period: Base system inspection and testing IAW the Statement of Work. Location:

Transitional Housing 4-plex apartment 709 N. Hoyt St, Anchorage, AK 99508

a. Fire Detection System – ESL 1505

b. Residential Wet Pipe Sprinkler

c. 4 – 5lb ABC Extinguishers

Contract Period: Base

GRAND TOTAL __________________

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 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 SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified…