36C26026Q0702.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

692-26-4-661-0028

36C26026Q0702 07-09-2026

Robyn Akins 07-23-2026

10:00 EDT

36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Bldg.17, Suite B428

Vancouver WA 98661

X 100

X

561210

$47 Million

N/A

X

Department of Veterans Affairs

White City VA Medical Center

8495 Crater Lake Highway

White City OR 97503

36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

Contrator shall provide monthly maintenance including all chemicals for water analysis treatment of boiler plant water.

All chemicals utilized must conform to FDA guidelines:

CFR 21,173.310, Boiler Water, Additives Permitted in Plants

Where Steam Contacts Food. In addition, the chemicals shall conform to all local, state, and federal government regulations on water pollution and have appropriate

EPA registration.

Quotes shall be submitted via email to Robyn.Akins@va.gov

Questions are due 7/16/2026 at 10am Eastern Time.

Contractor must submit proof it operates (or continuously maintains a contract with) a state certified laboratory with quote submission. Contractor shall also sign the limitations on subcontracting clause at C.8 of this solicitation.

See CONTINUATION Page

36C26026Q0702

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

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

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 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

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

(DEVIATION)

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)

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 2023)

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 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

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 STATEMENT OF WORK

Boiler plant maintenance and Water analysis

A. GENERAL

A.1 GOAL:

Contractor shall provide White City VA Southern Oregon Rehabilitation Center and Clinic (VA

SORCC) located at 8495 Crater Lake Hwy, White City, OR 97503 with monthly maintenance including all chemicals for water analysis treatment of Boiler Plant water.

A.2 BACKGROUND:

The chemical water treatment contractor shall provide all supplies and technical advisory services for proper chemical treatment of boiler plant water and steam to achieve satisfactory results. In addition, the contractor shall, at the request of the Boiler Plant Supervisor, verify the proper operation of non-chemical water treatment systems which serve the boiler plant including feedwater deaerator, water softener and continuous blowdown.

Contractor shall be in business at least five years providing chemical treatment of boiler plant and steam distribution systems similar in design and annual steam production rates to that of the VA SORCC facility. A list will be provided of at least five customers similar to VA who have utilized the services for boiler chemical treatment for at least three years. One water treatment specialist who has a bachelor’s degree in chemical engineering or the physical sciences from an accredited college or university shall be assigned to this contract. The water treatment specialist must have at least five years successful experience with boiler water treatment programs and shall furnish references from at least three customers who utilize boiler water treatment programs.

The water treatment specialist assigned must be located within 100 miles of the VA SORCC site to enable reasonable response times to request for the site visits. Contractor must operate (or continuously maintain a contract with) a state certified laboratory to perform complete scientific analyses of water chemistry, deposits, metallic materials affected by corrosion and provide recommendations for correction of problems related to the chemical and mechanical water treatment program. A professional chemist shall supervise the laboratory. This service will be provided for Veterans Affairs as follows.

Performance Monitoring: The contractor’s ability to provide ninety nine percent (99%) uptime, Technician response time, shall be the performance indicators for this contract.

A.3 LOCATION OF SERVICES:

VA SORCC

8495 Crater Lake Hwy

White City, OR 97503

A.4 DVA – FURNISHED PROPERTY OR SERVICES:

NA

A.5 CONTRACTOR-FURNISHED PROPERTY OR SERVICES:

Contractor is to provide all necessary services to complete the items required by this contract.

No pick-up.

A.6 DEFINITIONS:

NA

A.7 DOCUMENTATION:

See B.4 SPECIFIC REQUIREMENTS

A.8 TRAINING:

NA

A.9 PATIENT CONFIDENTIALITY:

NA

B. TECHNICAL APPROACH/TASK

B.1 HOURS OF OPERATION:

1. Contractor to work at the VA SORCC between the hours of 7:00am and 4:30pm, Monday through Friday, excluding federal holidays.

B.2 Delivery

VA SORCC

8495 Crater Lake Hwy

B.3 METHODS TO BE USED:

1. The vendor shall use standard methods and procedures for the items required to be collected/delivered to the VA SORCC.

2. All work shall be in conformance with State, local and/or Federal laws.

B.4 SPECIFIC REQUIREMENTS:

The tasks described below shall ensure a 99 percent uptime. Uptime shall be accomplished by necessary preventive maintenance and timely response to repair service calls.

4.1 Task 1 – Chemicals and Testing Supplies

Contractor shall provide an uptime of ninety nine percent (99%) through proper maintenance of the system in accordance with the manufacturer’s specifications. Proper maintenance shall be accomplished by the following:

Provide all chemicals, test kits, test reagents, corrosion coupons, and instructional material as necessary to comply will all contract requirements. Deliver to the boiler plant supervisor or their designate.

Chelant-based chemicals are not permitted.

All chemicals utilized must conform to FDA guidelines: CFR 21, 173.310, BOILER WATER

ADDITIVES PERMITTED IN PLANTS WHERE STEAM CONTACTS FOOD. In addition, the chemicals shall conform to all local, state and federal government regulation on water pollution and have appropriate EPA registration. The VA SORCC utilizes boiler steam for food preparation and for humidification.

Furnish on site chemical storage containers with secondary containment. Provide bulk delivery service.

All existing chemicals, which are suitable for the contract program, will be utilized prior to the use of any new chemicals.

Submit MSDS sheets for all chemicals utilized during the performance of services under this contract. The MSDS sheets will accompany delivery of chemicals.

All chemical containers shall be labeled with complete information on contents and shall be returnable. Containers with missing labels shall not be removed.

4.2 Task 2 – Requests for Proposals (RFP)

Prospective contractors are required to submit quotes for a complete chemical treatment program required for this SORCC. Completely respond to the “Qualification Requirements” in this “Statement of Work” including qualifications and experience of the water treatment company and the water treatment specialist, and information on the state certified testing laboratory that will be utilized.

For informational purposes, submit breakdown of costs to include proposed chemicals, feed rates, annual projected usage and unit casts based on the above requirements and previous usage.

Visit the site and meet with the boiler plant supervisor and POC to discuss the existing conditions and the proposed plan for chemical treatment and monitoring results.

4.3 Task 3 – Administrative Requirements

All on-site work is to be coordinated with the boiler plant supervisor at least seven (7) days prior to performance of services.

All work to be performed during the normal daytime working hours of the boiler plant supervisor, Monday through Friday (excluding national holidays).

B.5 TECHNICAL APPROACH:

Total hardness in feedwater shall be less than one part per million (ppm). Advise VA personnel on proper softener monitoring and operation.

Dissolved oxygen in the feedwater shall be 7 parts per billion (ppb) maximum with oxygen scavenger treatment temporarily suspended. If it exceeds 12 ppb, provide recommendation to boiler plant supervisor that deaerator must be inspected and repaired.

Prevent embrittlement of boiler pressure vessels.

Condition the boiler sludge to obtain effective bottom blowoff. Boiler residual of sodium sulfite, 30-60 ppm.

Boiler phosphate residual, 30-60 ppm.

Total dissolved solids (TDS) in boilers as high as possible without exceeding 4000 ppm.

Total alkalinity in boilers 800 ppm maximum (1/5 x solids TDS)

Maximum suspended solids in boilers 350 ppm, maximum silica 250 ppm. Boiler polymer dispersant residual as recommended by supplier.

There shall be no “pitting” corrosion.

There shall be no scale and deposit formation in the boilers.

Moisture content of the steam shall not exceed one percent. Perform condensate conductivity tests at a steam trap near the boiler steam outlet (at a point with no amines) to evaluate the moisture content of the steam. If necessary, utilize an antifoam agent to limit solids carryover in the steam from the boilers and to control boiler priming, foaming, and misting.

Control boiler water chemistry to minimize blowdown and thus improve efficiency.

Provide steam amine treatment to provide condensate pH of 8.0 - 9.0 at each condensate receiver throughout the facility and in the condensate storage tank in the boiler plant.

Feed the amines into the boilers instead of the steam header in order to achieve even dispersal throughout the distribution system.

Control corrosion rates. Steel corrosion rates shall be less than 2.0 mils per year. Copper corrosion rates shall be less than 0.2 mils per year.

Establish layer of magnetic iron oxide (black or dark gray in color) on all steel surfaces as a corrosion barrier.

B.6 ID BADGE:

Contractor shall wear an identification badge at all times while on station. Badge will be obtained in building 229 when signing in and will be returned at the end of the visit when signing out.

B.7 PERSONNEL:

The contractor is responsible for providing a fully qualified on-site contract manager.

The contract manager shall be responsible for management and coordination of the contract and shall be the point of contact with all government representatives. The contractor shall notify the contracting officer in writing prior to contract start date the names of the Contract Manager and an alternate contract manager.

The Contract Manager shall be available for the Government to reach. During normal business hours, the contract manager shall respond within one business day from the time of notification. During non-business hours, the Contract Manager shall respond within one business day.

B. 8 SERVICES DELIVERY SUMMARY:

On-Site Services:

Provide complete written instructions, supplemented by oral instructions and demonstrations, to boiler plant personnel for their performance of routine water tests and for feeding the chemicals into the systems. The instructions shall cover all aspects of safe chemical handling, safe and accurate testing, and proper chemical feed quantities and methods to suit the plant operating parameters and water treatment performance requirements.

Provide two, one-hour training sessions within two months of the start of a new contract if the vendor has not previously provided services to the facility. The first session shall be within one week of the start of the contract. Provide one, one-hour training session every six months after the new contract has been in FORCE for six months if requested by the plant supervisor.

As a minimum, perform the following tests monthly, provide complete written reports with all test results and recommendations, and review reports with plant supervisor:

Condensate return systems: pH, hardness, dissolved iron and copper, total dissolved solids (conductivity), and amine. Test condensate conductivity at a steam trap near the boiler steam outlet. Test the condensate for pH at representative samples of condensate receivers throughout the facility at least twice per year. Vary the sample sites every year.

Make-up water including soft water: pH, alkalinity total dissolved solids, suspended solids, and silica.

Boiler feedwater: dissolved oxygen, pH, alkalinity, hardness, total dissolved solids, suspended solids, and silica. Feedwater dissolved oxygen shall be tested twice per year with oxygen scavenger chemical treatment temporarily suspended so that feedwater deaerator performance can be evaluated.

Boiler water: total dissolved solids, suspended solids, sulfite, phosphate, and alkalinity.

Continuous blowdown systems: check calibration and settings monthly.

Chemical feed systems: advise plant supervisor on adjustments to maintain proper chemical dosage, feed rates, and blowdown rates.

Visit the plant monthly, perform tests listed above and review daily logs of tests performed by boiler plant personnel. Discuss test results with the plant supervisor.

Provide recommendations on treatment methods and consult on boiler plant, steam, and condensate distribution systems problems as requested. Send water samples to the laboratory as necessary to resolve problems and questions.

Conduct waterside inspection of boilers, feedwater deaerator and condensate storage tank at least once per year. Through the government point of contact (POC), coordinate the boiler and feedwater deaerator inspection to coincide with the inspection by the

Qualified Professional Inspector (boiler inspector). VA personnel will prepare equipment for inspection.

Provide recommendations on wet and dry boiler lay-up procedures, including monitoring of boilers not in service.

Provide recommendations on proper operation of continuous boiler blowdown systems and boiler bottom blowoff procedures.

Test corrosion coupons from condensate lines once per year and provide report. VA personnel will install, remove and deliver the coupons to the water treatment specialist.

Any deficiencies or problems noted with VA test results or with the water treatments specialist’s test results are to be reported immediately to the plant supervisor. If problems are found, corrective actions must be recommended immediately, chemicals provided as necessary, and tests performed as necessary to confirm that desired results are achieved.

C. SPECIAL CONTRACT REQUIREMENTS

Situations requiring more frequent analysis and/or special testing other than the specified requirements may arise. Do not perform any extra cost work without written authorization from the contracting officer. A separate purchase order will be issued to cover the costs associated with these extra tests upon request and justification from the contractor.

Provide information on the normal delivery time for chemicals. Provide method for emergency chemical deliveries.

A laboratory certified by the State shall perform laboratory work.

A written report of each analysis and inspection shall be submitted immediately upon completion and shall include a summary report of treatment recommendations based on the analysis report.

Each report will be submitted in duplicate to the boiler plant supervisor and POC.

Provide emergency response, including a site visit if requested, within four hours of request, 24 hours a day, 365 days pre year. Maintain a toll-free (800) telephone number and email system for 24-hour access.

Respond to routine communications within 48 hours with a visit as necessary.

Failure to achieve required performance goals will be justification for termination of this contract.

Immediately prior to commencing the chemical treatment contract, VA SORCC will arrange for an internal inspection of each boiler by the boiler plant supervisor and the contractor’s (chemical supplier) field representative. A visual and written record of the condition of each boiler will be signed by the contractor and SORCC representative.

Upon termination of this contract, a similar inspection will be conducted. Any deterioration in the boiler conditions attributable to the contractor’s program shall be corrected by the contractor at no additional cost to the VA.

C.3 GOVERNMENT REMEDIES:

The Contracting Officer is responsible for following Contract Terms and Conditions.

C.4 RECOGNIZED HOLIDAYS:

The contractor is not responsible to provide services on the following days but must provide frequent enough service prior to and after these holidays:

New Years Day, Martin Luther Kings Day, President’s Day, Memorial Day, Fourth of

July, Juneteenth, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and

Christmas.

C.5 PERSONNEL IDENTIFICATION:

Before working on the contract and must check in at building 229 every time prior to working on site.

C.6 PERSONNEL POLICY:

The Contractor shall be responsible for protecting the personnel furnishing services under this contract.

The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

C.7 LAWS & ORDINANCES:

The Contractor shall comply with all applicable laws, ordinances and regulations

(Federal, state, city or otherwise) covering his operations under the contract.

C.8 TWO WAY RADIOS:

The use of two-way radios is prohibited in all VA SORCC buildings. The equipment shall be turned off upon entering either of those buildings.

C.9 INVOICES:

All payments shall be made in arrears upon receipt of a proper invoice. Invoices will provide the following minimum information:

• Contract Number

• Date of Service

• Itemized Charges

• Authorizing Official

D. TECHNICAL EXHIBITS

NA

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Base Year Boiler Plant maintenance and water analysis

Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: J068 - Maintenance, Repair, and Rebuilding of Equipment - Chemicals and Chemical Products

Option year 1 Boiler plant maintenance and water treatment

Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Option year 2 Boiler Plant maintenance and water treatment

Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Option year 3 Boiler plant maintenance and water treatment

Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Option year 4 Boiler plant maintenance and water treatment Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: White City VA Southern Oregon Rehabilitation Center and Clinic 8495 Crater Lake Hwy.

ALL

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT

2023)

(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

52.204-13 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 (DEVIATION NOV 2025)

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (DEVIATION NOV 2025)

NOV 2015

52.222-3 CONVICT LABOR JUN 2003

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION NOV 2025)

JUN 2020

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION

NOV 2025)

AUG 2018

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL

HIRES

MAY 2014

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION

NOV 2025)

NOV 2021

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS

UNDER EXECUTIVE ORDER 14026 (DEVIATION NOV

2025)

JAN 2022

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION NOV 2025)

JAN 2022

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS

(DEVIATION SEP 2025)

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

852.203-70 COMMERCIAL ADVERTISING (DEVIATION NOV 2025) MAY 2018

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

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.

(End of Clause)

C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(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).

https://www.sam.gov

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 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…