S02 RFQ 36C26027Q0027 Updated 9-15-26.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

663-27-1-581-0002

36C26027Q0027 09-02-2026

Danielle Carrico 208-422-1000 x7420 09-18-2026

5:00PM PDT

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

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

X 100

X

Y

541380

$19 Million

NET 30

N/A

X

Department of Veterans Affairs Puget Sound VAHCS 1660 South Columbian Way Seattle WA 98108

36C260

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Water Management Program Services, Legionella Validation Testing, and Critical Water Systems Support Services, Base Plus Four Option Years.

Base: 10/1/2026 - 9/30/2027 Option Year 1: 10/1/2027 - 9/30/2028 Option Year 2: 10/1/2028 - 9/30/2029 Option Year 3: 10/1/2029 - 9/30/2030 Option Year 4: 10/1/2030 - 9/30/2031

Contractors providing a quote shall review section E.2 for quote mandatory submission requirements.

See CONTINUATION Page

X X

X 1

36C26027Q0027

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 (OCT 2025) (DEVIATION)

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

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 36

C.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

C.7 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.10 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

D.1 WAGE DETERMINATION ................................................................... 2015-5535

D.2 WAGE DETERMINATION 2015-5539

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 ADDENDUM TO 52.212-1: QUOTE SUBMISSION AND QUESTION

INSTRUCTIONS

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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: TBD

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

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.

https://www.tungsten-network.com/

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

0001 12.00 MO __________________ __________________

Water Management Support Services Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0002 1,250.00 EA __________________ __________________

Legionella ISO Test Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0003 600.00 EA __________________ __________________

Dental - Heterotrophic Plate Count Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0004 10.00 EA __________________ __________________

Quarterly Retesting Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0005 100.00 EA __________________ __________________

WC-5220 Critical Water Testing - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0006 60.00 EA __________________ __________________

WC-5130 Utility Water Testing (SPS) - Brand Name of Equal.

Must compliant with VHA Directive 1061 and ST108.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0007 20.00 EA __________________ __________________

MB-2570 Utility Water Testing (SPS - other) - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0008 12.00 MO __________________ __________________

WMS-1175 monitoring and servicing Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0009 12.00 MO __________________ __________________

Web-based Data Management System Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and

Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0010 50.00 EA __________________ __________________

MB-300 PVT TimeZero Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

0011 300.00 EA __________________ __________________

Supplementary Validation Legionella ISO Tests Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1001 12.00 MO __________________ __________________

Water Management Support Services Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1002 1,250.00 EA __________________ __________________

Legionella ISO Test Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1003 600.00 EA __________________ __________________

VHABOICarriD Cross-Out

VHABOICarriD Cross-Out

VHABOICarriD Cross-Out

VHABOICarriD Cross-Out

Dental - Heterotrophic Plate Count Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1004 10.00 EA __________________ __________________

Quarterly Retesting Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1005 100.00 EA __________________ __________________

WC-5220 Critical Water Testing - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1006 60.00 EA __________________ __________________

WC-5130 Utility Water Testing (SPS) - Brand Name of Equal.

Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1007 20.00 EA __________________ __________________

MB-2570 Utility Water Testing (SPS - other) - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Protection - Water Quality Support

1008 12.00 MO __________________ __________________

WMS-1175 monitoring and servicing Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1009 12.00 MO __________________ __________________

Web-based Data Management System Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1010 50.00 EA __________________ __________________

MB-300 PVT TimeZero Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

1011 300.00 EA __________________ __________________

Supplementary Validation Legionella ISO Tests Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2001 12.00 MO __________________ __________________

Water Management Support Services Contract Period: Option 2 POP Begin: 10-01-2028

POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2002 1,250.00 EA __________________ __________________

Legionella ISO Test Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2003 600.00 EA __________________ __________________

Dental - Heterotrophic Plate Count Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2004 10.00 EA __________________ __________________

Quarterly Retesting Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2005 100.00 EA __________________ __________________

WC-5220 Critical Water Testing - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

2006 60.00 EA __________________ __________________

WC-5130 Utility Water Testing (SPS) - Brand Name of Equal.

Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2007 20.00 EA __________________ __________________

MB-2570 Utility Water Testing (SPS - other) - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2008 12.00 MO __________________ __________________

WMS-1175 monitoring and servicing Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2009 12.00 MO __________________ __________________

Web-based Data Management System Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2010 50.00 EA __________________ __________________

MB-300 PVT TimeZero Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and

Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

2011 300.00 EA __________________ __________________

Supplementary Validation Legionella ISO Tests Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3001 12.00 MO __________________ __________________

Water Management Support Services Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3002 1,250.00 EA __________________ __________________

Legionella ISO Test Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3003 600.00 EA __________________ __________________

Dental - Heterotrophic Plate Count Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3004 10.00 EA __________________ __________________

Quarterly Retesting Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3005 100.00 EA __________________ __________________

WC-5220 Critical Water Testing - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3006 60.00 EA __________________ __________________

WC-5130 Utility Water Testing (SPS) - Brand Name of Equal.

Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3007 20.00 EA __________________ __________________

MB-2570 Utility Water Testing (SPS - other) - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3008 12.00 MO __________________ __________________

WMS-1175 monitoring and servicing Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Protection - Water Quality Support

3009 12.00 MO __________________ __________________

Web-based Data Management System Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3010 50.00 EA __________________ __________________

MB-300 PVT TimeZero Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

3011 300.00 EA __________________ __________________

Supplementary Validation Legionella ISO Tests Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4001 12.00 MO __________________ __________________

Water Management Support Services Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4002 1,250.00 EA __________________ __________________

Legionella ISO Test Contract Period: Option 4 POP Begin: 10-01-2030

POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4003 600.00 EA __________________ __________________

Dental - Heterotrophic Plate Count Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4004 10.00 EA __________________ __________________

Quarterly Retesting Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4005 100.00 EA __________________ __________________

WC-5220 Critical Water Testing - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4006 60.00 EA __________________ __________________

WC-5130 Utility Water Testing (SPS) - Brand Name of Equal.

Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

4007 20.00 EA __________________ __________________

MB-2570 Utility Water Testing (SPS - other) - Brand Name of Equal. Must compliant with VHA Directive 1061 and ST108.

Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4008 12.00 MO __________________ __________________

WMS-1175 monitoring and servicing Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4009 12.00 MO __________________ __________________

Web-based Data Management System Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4010 50.00 EA __________________ __________________

MB-300 PVT TimeZero Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

4011 300.00 EA __________________ __________________

Supplementary Validation Legionella ISO Tests Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and

Services

GRAND TOTAL __________________

Base Period Total $

Option Period One (1) Total $

Option Period Two (2) Total $

Option Period Three (3) Total $

Option Period Four (4) Total $

Contract Value Grand Total $

B.3 STATEMENT OF WORK (SOW)

1. Contract Title: Water Management Program Services, Legionella Validation Testing, and Critical Water Systems Support Services

2. Background:

a. The VA Puget Sound Health Care System, including Seattle and American Lake campuses, operate complex potable and utility water systems serving patient care, sterile processing, dental operations, cooling towers, and support facilities.

b. Due to the risk of waterborne pathogens, including Legionella, and the need to maintain compliance with VHA directives, CDC guidance, CMS requirements, Joint Commission standards, and industry standards, the VA requires contractor support for development, implementation, validation, and maintenance of a comprehensive Water Management Program.

c. This contract establishes services necessary to support prevention of healthcare-associated waterborne disease, scald prevention, critical water quality management, and environmental testing throughout VA Puget Sound.

d. The facility installed Phigenics PWS Boards (incoming water monitoring system) in 2024. The Contractor shall utilize the existing Phigenics equipment.

3. Scope

a. This contract covers all labor, supervision, materials, equipment, software support, testing supplies, reporting, and technical expertise necessary to provide:

i. Water Management Program development and support

ii. Potable and utility water system risk management

iii. Legionella environmental validation testing

iv. Sterile Processing Services water testing

v. Dental waterline testing

vi. Cooling tower water management support

vii. Remote monitoring and web-based data management support

viii. Quarterly Water Safety Committee technical support

ix. Corrective action consultation and remediation recommendations

b. Covered systems include:

i. Potable hot and cold-water systems

ii. Cooling tower open loops

iii. Sterile Processing Services water systems

iv. Dental treatment water systems

v. Building plumbing distribution systems

vi. Related monitoring and validation activities

Potable Building Water

Potable Building Water Division

Building Size

(SF)

# of Floors # of Potable Hot

Water Loops

# of

Beds

Seattle Building 100 7 2

291 Seattle Building 102 1 1

Seattle Fisher House 2 1

American Lake

Building 81 96,577 4 1

American Lake

Building 2 70,000 3 1

American Lake

Building 4 26,412 2 1

American Lake

Building 200 76,953 1 1

American Lake

Transitional Homes (5)

5 (not loops)

Utility Water

Utility Water Source

Location Quantity Capacity

Cooling Tower

Seattle- Building 100

4 800 ton

4. Specific Tasks

a. Task 1 Water Management Program Development

i. Contractor shall develop and maintain a Safety Water Management Program (WMP) aligned with:

1. VHA Directive 1061

2. CDC Legionella Toolkit

3. CMS Legionella Risk Reduction Requirements

4. Safe Drinking Water Act

5. Joint Commission EC Standards

6. AAMI TIR34 / ST108

7. VHA Directive 1116(2)

8. Applicable VA memoranda and industry best practices

ii. Program development shall include:

1. Water System Analysis

a. Contractor shall:

i. Identify hazardous conditions within all covered water systems

ii. Develop water flow diagrams

iii. Establish control locations and control limits

iv. Define monitoring procedures and corrective actions

v. Develop verification and validation strategies

vi. Establish documentation and recordkeeping protocols

iii. Preventive Program Elements

1. Develop procedures for:

a. Potable and utility water control measures

b. Flushing protocols during low use conditions

c. SPS critical water preventive maintenance

d. Control limit monitoring

e. Corrective action response protocols

iv. Deliverables

1. Contractor shall provide:

a. Complete Water Management Program Manual

b. Water System Flow Diagrams

c. Hazard Analysis and Control Point Documentation

d. Verification and Validation Plans

e. Written Corrective Action Procedures

b. Task 2 Water Management Program Operations Support

i. Contractor shall assist Water Safety Committee operation of approved WMP through:

1. Quarterly Water Safety Committee meetings

2. Program updates and revisions

3. Continuous support and technical consultation

4. Staff training on WMP processes

5. Verification of control measure implementation

6. Validation review of testing data

7. Web-based documentation management

ii. Deliverables

1. Quarterly Meeting Minutes

2. Verification Reports

3. Annual WMP Review Report

4. Training Documentation

5. Corrective Action Tracking Reports

c. Task 3 Legionella Validation Testing

i. Contractor shall provide quarterly environmental validation testing for potable hot and cold-water systems.

ii. Sampling Requirements

1. Locations of the sample collection shall be provided by the VA.

Sampling shall prioritize risk areas identified by the VA.

2. The Contractor shall assume all packing and shipping costs and responsibilities associated with testing.

3. The Contractor shall ensure testing is processed correctly within laboratory timeframe. In the event results are determined inconclusive, a follow up test shall be provided at no cost to the Government.

4. Per Quarter:

a. BLDG 100 shall have 100 samples collected

b. BLDG 81 shall have 70 samples collected

c. Transitional Homes (5) shall have 25 samples in total collected.

d. All remaining buildings shall have 20 samples collected per building

e. Two ice machines or pure-cold water source samples shall be collected per building or as directed by the VA

f. Two pure-hot water source samples shall be collected per building or as directed by the VA

g. Two shower source samples shall be collected per building or as directed by the VA

5. Testing shall include:

a. Water temperature

b. Residual disinfectant

c. pH

d. Legionella culture testing per ISO 11731

6. Laboratory shall:

a. Maintain CDC ELITE certification

b. Hold EMLAP, NELAP, or equivalent accreditation

c. Maintain strict chain of custody

d. Report results in CFU/mL

7. Testing methods shall include:

a. ISO 11731 Spread Plate

b. Time Zero Legionella Culture

c. THAB Testing

d. PCR screening as requested

iii. Deliverables

1. Quarterly Legionella Reports

2. Immediate upload of results to data platform

3. PDF reports to COR

4. Remediation retesting reports as required

5. Provide up to 300 additional onsite tests per year for supplementary validation testing as needed completed by Contractor.

d. Task 4 Sterile Processing Services Testing

i. Contractor shall perform testing in accordance with ST108 and AAMI requirements.

ii. The Contractor shall assume all packing and shipping costs and responsibilities associated with testing.

iii. The Contractor shall ensure testing is processed correctly within laboratory timeframe. In the event results are determined inconclusive, a follow up test shall be provided at no cost to the Government.

iv. Critical Water Testing (Monthly)

1. WC-5220 ST108 Critical Water Chemistry Panel including:

a. Conductivity

b. Endotoxin

c. Hardness

d. HPC

e. pH

f. Alkalinity

2. Utility Water Testing (Quarterly)

a. WC-5130 / MB-2570 testing to include:

b. HPC

c. Conductivity

d. Hardness

e. Alkalinity

f. pH

v. Deliverables

1. Monthly Critical Water Reports

2. Quarterly Utility Water Reports

3. Deficiency Notifications

4. Corrective Action Recommendations

e. Task 5 Dental Waterline Testing

i. Quarterly Dental Unit Waterline testing shall be performed using:

1. HPC Spread Plate Method 9215C

ii. The Contractor shall assume all packing and shipping costs and responsibilities associated with testing.

iii. The Contractor shall ensure testing is processed correctly within laboratory timeframe. In the event results are determined inconclusive, a follow up test shall be provided at no cost to the Government.

iv. Results shall be:

1. Reported within 10 calendar days

2. Reported with the floor layout diagram of where samples were collected

3. Uploaded into web-based management platform

4. Submitted electronically to COR

v. Deliverables

1. Quarterly Dental Waterline Reports

2. Corrective Action Recommendations

3. Retest Reports as required.

f. Task 6 Web-Based Data Management System

i. Contractor shall utilize existing SaaS-based water management platform capable of:

1. 24/7 password protected access

2. WMP documentation storage

3. Dashboards and analytics

4. Automated alerts

5. Data trending and benchmarking

6. Continuous monitoring uploads

7. Exportable reports

ii. Deliverables

1. Active data management support

2. Customized reporting dashboards

3. Alert notifications for out-of-range conditions

5. Enterprise Management Controls

a. The COR will focus on:

i. Adherence to contract scope

ii. Timely completion of milestones

iii. Quality of technical services

iv. Compliance with VA directives and standards

v. Validation of testing and documentation

vi. Review of corrective action implementation and technical execution:

vii. Verify material specifications and quality.

viii. Monitor Maintenance and repairs.

ix. Validate Testing.

6. Performance Monitoring

a. Performance monitoring shall include:

i. Quarterly review of contractor deliverables

ii. Validation of testing frequencies

iii. Review of WMP implementation support

iv. Surveillance of corrective action recommendations

v. Annual quality assurance review

7. Security Requirements

a. Contractor shall comply with VA security requirements and VA Form 2280.

b. Requirements include:

i. VA-issued identification badges (fingerprinting, background investigation, favorable adjudication)

ii. Authorized access only

iii. Coordination with Physical Security and Contracting Officer Representatives

iv. Protection of sensitive information

v. Compliance with infection control risk mitigation measures

c. COR shall verify compliance during performance monitoring.

8. Government-Furnished Equipment (GFE)/Government-Furnished Information

a. Government shall provide:

i. Existing facility water system drawings and available records

ii. Access for sampling and inspections

b. No additional Government-furnished equipment shall be provided.

9. Inspection and Acceptance Criteria

a. The COR is responsible for certifying work performed meets contract requirements.

b. Acceptance criteria include:

i. Completion of required testing frequencies

ii. Timely submission of deliverables

iii. Compliance with standards cited in SOW

iv. Successful operation of WMP support services

v. Acceptable documentation and corrective action support

c. Risk Control

i. Potential risks include:

1. Disruption to hospital operations

2. Waterborne pathogen hazards

3. Infection control impacts

4. Utility interruptions

5. Sampling or monitoring failures

ii. Contractor shall minimize operational disruption and immediately report identified risks.

10. Place of Performance

a. VA Puget Sound Health Care System

i. Seattle Division 1660 South Columbian Way Seattle, WA 98108

ii. American Lake Division 9600 Veterans Drive SW Tacoma, WA 98493

11. Delivery Schedule

a. Minimum recurring deliverables:

Deliverable Frequency

Water Safety Committee Meetings Quarterly

Legionella Validation Testing Quarterly

SPS Critical Water Testing Monthly

SPS Utility Water Testing Quarterly

Dental Waterline Testing Quarterly

WMP Review Update Annually

Corrective Action Reports As Required

Web-Based Data Uploads Continuous

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

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

and

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

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

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

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

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

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

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

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

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

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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.