36C26026Q0209

GENERAL INFORMATION

ATTN: V4CONT

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

POINT OF CONTACT*

Contract Specialist Sangmi Kim sangmi.kim@va.gov

PLACE OF PERFORMANCE

Mann-Grandstaff VA Medical Center

4815 N Assemble Street

Spokane WA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Revolutionary FAR Overhaul (RFO) 12, Streamlined Procedures in accordance with RFO 12 Streamlined Solicitation for Commercial Products and Commercial Services. Solicitation 36C26026Q0209 is issued as a request for Quotation. This announcement constitutes the only solicitation; offers are being requested. This solicitation is issued as a Small Business set-aside, the associated NAICS code is 238220 and small business size $19M.

DESCRIPTION: The Department of Veterans Affairs, Mann-Grandstaff VA Medical Center in Spokane, WA has a requirement for a Contractor to provide the Building Energy Maintenance Services in accordance with the statement of work (SOW).

TERMS: This requirement incorporates one or more clauses/provisions by reference, with the same force and effect as if they were given in full text. The full text of a clause or provision may be accessed at http:///www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/. Offerors are encouraged to, and responsible for, reviewing the full solicitation (attached) for detailed requirement description, applicable terms and conditions, provisions, submittal instructions to offerors, and evaluation procedures prior to submitting their offers. All Offerors must have an active registration in the System for Award Management (SAM), www.sam.gov, at the time of submittal.

Questions: Any questions pertaining to this requirement must be emailed to Sangmi.Kim@va.gov and Dennis.Einarson@va.gov no later than 12:00 PST February 4, 2026, include Solicitation 36C26026Q0209 in the subject line of the email to ensure timely review and response. No questions will be accepted nor answered after this date and time. Response to questions will be posted as an amendment to the solicitation once the question period has expired. Offerors are responsible for monitoring Contracting Opportunities at www.sam.gov for any amendments to the solicitation as the government will not send notice of amendments. Representatives from potential Offerors or on behalf of potential Offerors shall not contact any VA Medical Center representative to discuss nor inquire about this solicitation. Telephonic questions will not be accepted.

DEADLINE: All offers/quotes must be submitted in a single email to Sangmi.Kim@va.gov and Dennis.Einarson@va.gov received no later than 12:00PM PST, February 12, 2026, include Solicitation 36C26026Q0209 in the subject line of the email. Offerors are encouraged to, and responsible for, reviewing the full solicitation (attached) for detailed requirement description, applicable terms and conditions, provisions, submittal instructions to offerors, and evaluation procedures prior to submitting offers.

Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

PAGE

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

36C26026Q0209 01- -2026 Sangmi Kim 253-582-8440 x75156 02- -2026

12:00PM

PST

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661 X X 238220 $19 Million N/A X 36C668 Department of Veterans Affairs Mann-Grandstaff VA Medical Center 4815 N Assembly St Spokane WA 99205 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 This solicitation is for the Building Energy Maintenance Services at the Mann-Grandstaff VA Medical Center, Spokane, WA in accordance with the Statement of Work (SOW).

Period of Performance Base Year: 03/01/2026 - 02/28/2027 Option Year 1: 03/01/2027 - 02/29/2028 Option Year 2: 03/01/2028 - 02/28/2029 Option Year 3: 03/01/2029 - 02/28/2030 Option Year 4: 03/01/2030 - 02/28/2031 Offerors must submit required documentation in Section E.1 52.212-1( a ) Submission of Offers.

Some components and services shall be performed by an OEM-authorized and certified distributor.

All Questions must be submitted by 0

/2026 12PM PST.

**Total Small Business Set-Aside** See CONTINUATION Page X X Page 1 of Table of Contents

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 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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor shall provide all labor, ancillary materials, software and test equipment to perform control system maintenance services including calibration, tuning, preventive maintenance, inspection, and testing over a period of one year in accordance with the statement of work (SOW).

Contract Period: Base POP Begin: 03-01-2026 POP End: 02-28-2027

Pre-priced CLIN for Annual repair and parts services outside of routine maintenance.

Approval of Contracting Officer’s Representative (COR) and Contracting Officer (CO) is required before performance. See SOW for approval and invoicing process.

Contract Period: Base POP Begin: 03-01-2026 POP End: 02-28-2027

The contractor shall provide all labor, ancillary materials, software and test equipment to perform control system maintenance services including calibration, tuning, preventive maintenance, inspection, and testing over a period of one year in accordance with the statement of work (SOW).

Contract Period: Option 1 POP Begin: 03-01-2027 POP End: 02-29-2028

Pre-priced CLIN for Annual repair and parts services outside of routine maintenance.

Approval of COR and CO is required before performance. See SOW for approval and invoicing process.

Contract Period: Option 1 POP Begin: 03-01-2027 POP End: 02-29-2028

The contractor shall provide all labor, ancillary materials, software and test equipment to perform control system maintenance services including calibration, tuning, preventive maintenance, inspection, and testing over a period of one year in accordance with the statement of work (SOW).

Contract Period: Option 2 POP Begin: 03-01-2028 POP End: 02-28-2029

Pre-priced CLIN for Annual repair and parts services outside of routine maintenance.

Contract Period: Option 2 POP Begin: 03-01-2028 POP End: 02-28-2029

The contractor shall provide all labor, ancillary materials, software and test equipment to perform control system maintenance services including calibration, tuning, preventive maintenance, inspection, and testing over a period of one year in accordance with the statement of work (SOW).

Contract Period: Option 3 POP Begin: 03-01-2029 POP End: 02-28-2030

Pre-priced CLIN for Annual repair and parts services outside of routine maintenance.

Contract Period: Option 3 POP Begin: 03-01-2029 POP End: 02-28-2030

The contractor shall provide all labor, ancillary materials, software and test equipment to perform control system maintenance services including calibration, tuning, preventive maintenance, inspection, and testing over a period of one year in accordance with the statement of work (SOW).

Contract Period: Option 4 POP Begin: 03-01-2030 POP End: 02-28-2031

Pre-priced CLIN for Annual repair and parts services outside of routine maintenance.

Contract Period: Option 4 POP Begin: 03-01-2030 POP End: 02-28-2031

B.3 DELIVERY SCHEDULE

Mann-Grandstaff VA Medical Center 4815 N Assembly St Spokane, WA 99205

B.4 STATEMENT OF WORK (SOW)

1. Background:

2. Scope:

The Contractor shall provide all labor, ancillary materials, software and test equipment to perform control system maintenance services including calibration, tuning, preventive maintenance and testing over a base one-year period plus four (4) one-year option periods. All HVAC control systems on the list of equipment (page 12) will receive DDC control maintenance service, system sensor and space thermostat calibration and sequence verification & validation. It is the intent of this scope to provide control system service for all HVAC control systems listed on the list of equipment (page 12) once per year, during the period of performance. Specifically, any part, master level EcoPartner, controllers, DDC controls, DDC boards and relays that are manufactured by Barber Coleman, Robertshaw, Invensys, Network 8000 and TAC I/A Series product lines) for the Automatic Temperature Control, Building Management System and Energy Management System.

HVAC and DDC system deficiencies identified during maintenance, testing, inspections, or system operation shall be corrected in accordance with their criticality and impact to facility operations. Deficiencies that adversely affect life safety, infection control, critical care areas, or required environmental conditions (including but not limited to operating rooms, isolation rooms, pharmacies, sterile processing, and ICUs) shall be corrected or mitigated within 4 to 24 hours of identification. Temporary measures shall be implemented as necessary to maintain required conditions until permanent correction is completed. Deficiencies not impacting life safety or critical clinical functions shall be corrected within 3 to 10 calendar days, unless otherwise approved by the Government. If permanent correction cannot be completed within the specified timeframe due to parts availability or other justified reasons, the Contractor shall implement interim controls and submit a written corrective action plan, including schedule and mitigation measures, to the COR within 48 hours.

Repairs needing additional labor and or materials will be noted and a deficiency report with proposed costs of repairs will be delivered to the facility Contracting Officer’s Representative (COR).

Repairs Outside Routine Preventive Maintenance: See CLINS 0002, 1002, 2002, 3002, and 4002 In the event repairs or replacement services are identified by the Contractor during annual performance, the Contactor shall provide a quote for the VA COR and Contracting Officer for review and written approval. The Contractor shall document such deficiencies in a written Deficiency Report and submit an itemized cost quote for review and written approval by the VA COR and Contracting Officer.

The Contractor shall not exceed the annual amount of $40K per year (See CLINS 0002, 1002, 2002, 3002, 4002) without prior approval and written authorization from the VA Contracting Officer.

3. Specific Tasks.

3.1. Remote Technical Assistance/System Analysis

3.1.1. The Contractor shall provide technical assistance to aid VAMC Spokane HVAC personnel in the daily operation of the BAS/DDC system. This applies to verbal technical support as well as remote-in via proxy server communications and system diagnostics.

3.2. Primary System Support Services.

3.2.1 The Contractor to ensure prompt retrieval and restoration of specifically any part, controllers, DDC controls, DDC boards, temperature sensors and relays, that are manufactured Schneider Electric Intelligent Automation (I/A) Building Automation Direct Digital Control Application Programming data in the event of an emergency or catastrophic system failure.

3.2.2. Update Building graphics, Workplace Pro, and Workplace Technical Files immediately when software revisions/updates are released from Schneider Electric Intelligent Automation (I/A) VAMC Spokane system will be upgraded as these modifications pertain to the VAMC Spokane application for Pro-tech, Anti-virus and Malware.

3.2.3. Archiving Software and Firmware.

3.2.3.1 The importance of retrieving this information is vital to the VAMC Spokane operation. Software and firmware items installed:

3.2.3.1.1. Customized sequence of operation (DDC programming).

3.2.3.1.2. Temperature set points, scheduling and other pertinent parameters.

3.2.3.1.3. Operator workstation graphics (Main File Server, LAN workstation and remote/laptop terminals).

3.3. Archiving Documentation

3.3.1. The as built and DDC drawings associated with the control system shall be archived at the Contractor’s site and provide the Contractor’s technicians with the resource materials needed to support VAMC Spokane in the event of any changes or catastrophic failures.

3.4. Document Maintenance and Revisions

3.4.1. As required, the Contractor shall revise the project as-built documents to reflect any adjustments to the VAMC Spokane’s existing system. This includes Anti-Virus, Malware, zone alarm (Fire Wall), Alarm Client, and Vykon.

3.5. On-Line Support

3.5.1. Online technical assistance for software, firmware and documentation shall be provided 24 hours a day, 7 days a week, 365 days a year.

3.6. Additional Information

3.6.1. The Contractor shall orally inform the facility COR within 15 minutes of the occurrence or detection of any unsafe or hazardous conditions. Also, the Contractor shall orally inform the facility COR of any type of injuries, illness, necessity of first aid, limited duty, lost time or fatalities sustained by a contractor employee arising out of and in the course of, his/her employment. A detailed written report is required within 24 hours of any of the reported conditions identified in this section.

3.6.2. The Contractor shall provide a full report, in Excel format or equal, of all new equipment installed, quantity, install location, phase and date it was installed. The Contractor shall develop and maintain equipment repair history and equipment upgrade history document. This report is due no later than the first week of each month. Reports can be e-mailed. The report shall be provided to the facility COR with a copy to the Contracting Officer. Ensure that the title of the report includes the contract number in its title/description.

3.7. Constraints

3.7.1. The Contractor shall perform all services under this contract in accordance with all applicable Federal Laws and regulations, commercial practices and all original manufacturers’ specifications.

3.7.2. Only NEW PARTS shall be used in performance of work under this contract. The Contractor is responsible for ensuring continuous and immediate availability for spare parts, (specifically any part, controllers, DDC controls, DDC boards, temperature sensors and relays, that are manufactured or distributed by Schneider Electric Intelligent Automation (I/A)) and supplies and materials required for the normal and expedited (or emergency) maintenance of the equipment covered by this contract.

3.7.3. The Contractor shall notify the facility COR in writing of any repairs which the Contractor believes cannot be completed under the terms and conditions of this contract. In such cases, the Contractor shall provide an itemized cost proposal to include labor, parts, materials and supervision.

3.8. Reports

3.8.1. Markings and delivery locations for required reports, papers, and documentation will be communicated to the Contractor as needed by the Government. All reports, presentations, papers, and documentation shall be delivered in machine-readable format.

3.8.2. The Contractor shall deliver reports, presentations, papers, and documentation in the latest version of Microsoft Office suite office automation format (e.g., Word, Excel, PowerPoint, Project, Visio, etc.) readable on standard, commercially available personal computers. If the data type being reported is not supported by the latest version of Microsoft Office, then the latest version of Adobe Acrobat format will be acceptable.

3.8.3. The contract provides for on-site repairs or if repair is determined not to be economically feasible during annual maintenance, replacement of the equipment.

4. Security Requirements.

4.1. The Contractor employees shall not have access to VA sensitive or computer information and will not require routine access to VA Facilities. The contractor employees require intermittent access only and will be escorted by VA employees while at VA Facilities. No background investigation is required. A flash badge shall be obtained through VA Police. The flash badge will be worn while the Contractor employee(s) is on-site and will be returned to VA Police, upon completion of that job.

5. Place of Acceptance.

5.1 The Contracting Officer or COR will accept supplies and services under this contract through inspection, review, and verification that supplies and services conform to all requirements.

5.2 The place of acceptance will be:

Mann-Grandstaff VAMC HVAC Shop Bldg.1

** LIST OF EQUIPMENT TO BE INCLUDED IN ANNUAL SERVICE AREEMENT **

Main Water Meter Monthly Reporting

** Critical Environment Room sensors will be verified and calibrated quarterly (four times per year). Validation and calibration will be per “Blood Bank” standards (Association for the Advancement of Blood & Biotherapies). Test meters and thermometers will be certified calibrated, and certificates of calibration will be kept on record for delivery to facility COR with annual service contract report** Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

(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 for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services;

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

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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 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 5 days prior to contract expiration.

(End of Clause)

C.4 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 5 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 five (5) years.

(End of Clause)

C.5 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.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the…