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

36C26026Q0463 05-05-2026

Robyn Akins robyn.akins@va.gov 05-19-2026

10am EDT

36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Bldg.17, Suite B428

Vancouver WA 98661

X 100

X

541350

$11.5 Million

Net 30

N/A

X

Department of Veterans Affairs

Walla Walla VA Medical Center

77 Wainwright Drive

Walla Walla WA 99362

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

Full service maintenance, inspection, testing and emergency services on Government-Owned Vertical Transportation

Equipment (VTEs) elevators at the Walla Walla VAMC.

Questions are due 05/12/2026 at 10am EST.

Vendors shall thoroughly review page 36 for submission requirements. Failure to comply with submission requirements may result in a submission being considered ineligible for awaed.

Quotes shall be submitted to robyn.akins@va.gov

There are a total of 15 elevators to be services which are listed below.

36C26026Q0463

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK (SOW)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION) (OCT 2025)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 19

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

(DEVIATION)

C.6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 34

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023) (DEVIATION) (OCT 2025)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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:

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Requests.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15.00 EA __________________ __________________

Annual Certification of 15 Elevators Contract Period: Base PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H299 - Equipment and Materials Testing - Miscellaneous

5 year load bank testing Contract Period: Base PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

4.00 EA __________________ __________________

Annual Certification Retest Contract Period: Base PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Contract Period: Option 1 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Annual Certification retesting Contract Period: Option 1 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Contract Period: Option 2 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Contract Period: Option 2 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Contract Period: Option 3 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Contract Period: Option 3 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Contract Period: Option 4 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Contract Period: Option 4 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

GRAND TOTAL __________________

B.3 STATEMENT OF WORK (SOW)

A. Title: Elevator Certification

B. Background

The Jonathan M Wainwright Memorial VA Medical Center (VAWW), located at 77

Wainwright Drive, Walla Walla, WA, requires elevator certification and 5 year load testing for our 15 elevators.

C. Place of Performance

1. All work under this contract is to be performed at the following locations:

Walla Walla VA Medical Center, 77 Wainwright Dr, Walla Walla, WA 99362

See below for specific elevator locations

D. Scope

1. Annual Certification Testing Contractor will provide elevator testing and inspections with a QEI Certified Elevator Inspector.

These inspections will include yearly certifications and 5 year load testing. The contractor will be responsible for all work necessary to perform these inspections. Inspections must comply with

ASME 17.1, 17.2 and 17.3.

i. It is the responsibility of the inspector to determine if the equipment is in safe operating condition, that it has not been altered except in conformity to the applicable codes or regulations, and that each elevator (vertical transportation system) will perform in accordance with all applicable inspection requirements. In the performance of this contract the contractor shall take such safety precautions as VA Fire/Safety and Engineering departments determine to be reasonably necessary to protect the lives and health of occupants of the building.

ii. Any repairs found during certification will be reported to the COR or CO before being completed by VA Contract employees and will be recertified within 30 day of the VA notifying contractor repairs have been done.

E. Notification/Coordination

1. Upon award the Contracting Officer (CO) may designate a Representative (COR) to oversee the work performed for the duration of this contract. However, in no event, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any person other than the CO be effective or binding upon the Government, unless formalized by proper contractual documents executed by the CO, prior to completion of this contract. A copy of this designation shall be furnished to the Contractor.

2. Contractor shall coordinate certification and load testing trip 45 days prior to inspection or testing trip for certification with the COR and have a written schedule.

3. The Contractor and any Subcontractor shall report to the COR when arriving to perform any service under this requirement at the Walla Walla VAMC location. The contractor shall call the COR and coordinate with the clinic manager when arriving at the VA clinic. Check-in/out is mandatory at VA Police to obtain temporary badge. When the service is completed, the Contractor and any Subcontractor shall check out with the COR as well.

F. Deliverables

1. Inspection/Testing Reports

i. When inspections are completed at the end of each day before the field technician leaves the site, they are required to furnish a digital or electronic copy of their field testing notes to the COR.

ii. Deliver the final report to the COR no more than 30 days after completion of inspection and testing. This will be in electronic format.

iii. If deficiencies are discovered during inspection and testing, the final report and the field testing notes are required to have a description of the system conditions, description of corrected measures needed and any other special notes (tests conducted and maintenance work that may need to be performed).

2. Certifications

i. Issue a certificate to operate for one year from the date of the test. This will be issued for all elevators that pass. These certifications must be issued within 30 days of testing.

ii. Issue a temporary permit to operate for 60 to 90 days if the elevator is generally safe to operate but needs some minor corrections that can’t wait until the next annual.

iii. Recommend the elevator be shut down until important safety items can be corrected.

iv. For each of the outcomes Contractor will submit to VA COR all reports electronically. Each report shall include a separate document for each device tested/inspected. The report shall state the location of testing/inspection, the identifying device number, and the type of device, all ASME deficiencies, the reference section and the number or letter designation of deficiencies, a heading and space to indicate scheduled date of repair, actual date of repair and date of inspection. All recommended upgrades shall be listed and identified as recommended upgrades on the same document. ASME “Checklist for Inspection of Electric Elevators” (A134C1 attachment (B)) and ASME “Checklist for Inspection of Hydraulic Elevators” (AO50C7 Attachment (C)) shall be completed for each device inspected, dependent on type of device inspected. Report package shall be completed and delivered as stated above within thirty days of completion of the inspection. This typed report shall be submitted electronically no later than 30 days after final day of testing.

G. Inspection and Acceptance Criteria

1. The COR is responsible for monitoring and inspecting work performed under this contract is in accordance with the Statement of Work.

2. The Contractor and COR will work together to resolve deficiencies. Work not completed or not acceptable under general industry standards cannot be certified for payment.

H. Standards and Qualifications

1. Elevator Testing

i. Number of Employees. The Contractor shall always have available a sufficient number of capable and qualified employees to enable the contractor to properly, adequately, and safely perform all work required under the terms of this contract.

ii. Licenses & Permits. Contractor and subcontractor personnel engaged in the activities specified by this contract shall be also required to possess certificates of training, licenses, and permits as required by the state, county, parish, city, and other local jurisdictions when the alarm system is installed in a facility covered by such state, county, parish, city, and other local jurisdictions.

iii. The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The Contractor shall respond to Government requests for contractual actions in a timely fashion and take immediate action to correct any deficiencies found. The Contractor shall have a single point of contact between the Government and Contractor personnel assigned to support the contract. An alternate point of contact may be assigned at the approval of the Contracting Officer. The Contractor shall attend Quarterly Meetings as described below

iv. Contractor shall in-person attend Annual Inspection and supervise any contractor or subcontractor personnel. Contractor shall meet with COR while on-site to discuss any pertinent inspection information, deficiencies, and/or future coordination items.

v. Contractor shall ensure all submitted invoices are correct and verifiable in accordance with invoices procedures outlined.

vi. The Contractor and/or assigned alternate shall be able to communicate well with the COR or designee and respond within one (1) business day to COR and/or CO inquiries.

I. Work Hours

1. Normal Work Hours are defined as Monday through Friday from 8 a.m. to 4:30 p.m., excluding federal holidays or as otherwise arranged with the COR. The COR will communicate with the Contractor if work, inspection, testing, repair, etc. is able to be scheduled during normal work hours.

2. After Hours. The Contractor shall be required to perform some work, inspection, test outside the normal working hours of the building occupants or due to emergency conditions.

3. The holidays observed by the Federal Government are New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Also, any other day declared by the President of the United States to be a national holiday.

J. Risk Control

1. The Contractor shall comply with all applicable Federal, State, and local laws and regulations to include responsibility to conform by current Occupational, Safety, Health Administration (OSHA) & Environmental Protection Agency (EPA) regulations while working on this facility. Contractor shall comply with Walla Walla VA safety, security, and screening requirements.

2. Without additional expense to the Government, all Contractors’ shall obtain all licenses, and permits required to perform work under this contract.

3. Contractor is responsible for all reports required or requested by Federal, State and Local ordinances that pertain to any duties contained in the contract.

4. All equipment operators shall yield to all pedestrians and traffic. All trucks that are hauling equipment must have proper company identification prominently displayed on them to inform facility police when they are conducting rounds.

5. Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to any Contractor’s representative, or others, as well as for any damage to any personal or public property that occurs during the performance of this contract that is caused by the Contractor’s fault or negligence.

6. The Government shall inform the Contractor of any known ACM that may be found in a elevator enclosure. If the Contractor must disturb materials he suspects may contain ACM, the Contractor shall immediately report it to the Contracting Officer Representative (COR) or Contracting Officer Designee, and the Contracting Officer Representative (COR) or Contracting Officer Designee will investigate and instruct the Contractor how to avoid an airborne asbestos exposure. There are no known issues at this point.

7. Housekeeping. The Contractor shall leave areas where he performs work neat, clean and orderly.

8. All damage done by the Contractor shall become the Contractor’s responsibility and expense.

K. Security Requirements

1. Following contract award, the Contractor is required to present a list of personnel and their qualifications, to include a contract manager that will supervise the performance of this contract to the Contracting Officer. All supervisory Contractor personnel shall be able to communicate well with the COR or designee. All Contractor employees are subject to current Medical Center Directives applicable to their conduct.

L. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

1. Not applicable

M. Miscellaneous

1. Government does not pay for services not received.

Elevator Inventory

Location Type of

Equipment Description

5 Year load test

B48-P1 Hydraulic

Otis Hydraulic elevators installed in 2012 with a duty of 2100 lbs. @ 80 fpm. Controls are

Otis 211 with electronic soft start. Door operator is Otis AT- 400 belt type with detector. Doors are single speed side opening

36” wide X 84” high.

Needed

April 26

B49-P1 Hydraulic

Otis Hydraulic elevators installed in 2012 with a duty of 2100 lbs. @ 80 fpm. Controls are

Otis 211 with electronic soft start. Door operator is Otis AT- 400 belt type with detector. Doors are single speed side opening

36” wide X 84” high.

Needed

April 26

B68-P1 Hydraulic

P-1: 3500 lbs. at 100 fpm. Modernized in

2010 with new MCE Control Panel with Solid-

State Line Starter. New Car and Hoistway

Door Equipment, and new Car and Hall

Pushbutton Stations and Signal fixtures.

Compliant with the current Emergency Fire

Fighters' feature and ADA requirements.

Needed

April 26

B69-P1 Traction

P-1: 2750 lbs. at 100 fpm. Modernized in

2009 with new MCE Control Panel with Hoist

Machine, Governor, and Governor Tension

Sheave. New Car and Hoistway Door

Equipment, and new Car and Hall Pushbutton

Stations and Signal fixtures. Compliant with the current Emergency Fire Fighters' feature and ADA requirements.

Needed

April 26

B69-P2 Hydraulic

P-2: 4000 lbs. and 150 fpm. 3 Landings. 1994

Dover hydraulic. Dover door equipment. Janus

Panaforty door reversal. 48" two-speed, side opening doors. General A.D.A. compliance.

Has Phase I and II Fire Service

Needed

April 26

B74-P1 Hydraulic P-1: 4000 lbs. at 80/125 fpm. 1978 ESCO hydraulic. Imperial motor. Imo pump. ESCO valve. GAL door equipment. Safety edge and

Needed

April 26 dual photo-eye door reversal. 48" two-speed, side opening doors. Partial A.D.A. compliance.

Has Phase I and II Fire Service.

B74-P2 Hydraulic

P-1: 4000 lbs. at 80/125 fpm. 1978 ESCO hydraulic. Imperial motor. Imo pump. ESCO valve. GAL door equipment. Safety edge and dual photo-eye door reversal. 48" two-speed, side opening doors. Partial A.D.A. compliance.

Has Phase I and II Fire Service.

Needed

April 26

B80-P1 Hydraulic

P-1: 3500 lbs. at 80 fpm. Modernized in 2011 with new MCE Control Panel with Solid-State

Line Starter. New Car and Hoistway Door

Equipment, and new Car and Hall Pushbutton

Stations and Signal fixtures. Compliant with the current Emergency Fire Fighters' feature and ADA requirements.

Needed

April 26

B82-P1

P-1: 3000 lbs. at 150 fpm. 1992 Dover hydraulic with DMC-1 controls and wye delta starting, Dover door equipment, Janus

Panaforty door reversal, 42" singlespeed side opening door. General A.D.A. compliance.

Has Phase I Fire Service only.

B86-P1 Traction Recently remodeled in 2024.

April 26

B86-P2 Hydraulic Recently remodeled in 2024.

Needed

April 26

B143-P1 Hydraulic

P1 -Otis Hydraulic installed in 2013 with a duty of 4500 lbs. @ 100 fpm. Controls are Otis 211 with electronic soft start, door operator is Otis

AT-400 belt type with detector. Doors are 48" wide X 84" high 2 speed side opening.

Needed

April 26

B143-P2 Hydraulic

P1 -Otis Hydraulic installed in 2013 with a duty of 4500 lbs. @ 100 fpm. Controls are Otis 211 with electronic soft start, door operator is Otis

AT-400 belt type with detector. Doors are 48" wide X 84" high 2 speed side opening.

Needed

April 26

B143-P3 Hydraulic P1 -Otis Hydraulic installed in 2013 with a duty of 4500 lbs. @ 100 fpm. Controls are Otis 211 with electronic soft start, door operator is Otis

AT-400 belt type with detector. Doors are 48" wide X 84" high 2 speed side opening.

B145-P1 Hydraulic

ThyssenKrupp Elevator Hydraulic Power Unit installed in 2018 with a duty of 4,000 lbs;

Model EP15040

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION) (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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

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)

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)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL

HIRES

MAY 2014

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS NOV 2025

UNDER EXECUTIVE ORDER 14026 (DEVIATION)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION)

NOV 2025

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS FEB 2021

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.244-

6DEV

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

OCT 2025

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

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 30 days of 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 30 days of contract expiration; 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 five (5) years.

C.5 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 https://www.sam.gov

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part

121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply

Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of

Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a

DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the

President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a

Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a

Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab;

or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system

(including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a…