36C26126Q0242.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

662-26-2-6048-0004

36C26126Q0242 12-12-2025

Emily Trinh | Emily.Trinh@va.gov 702-791-9000 x13424 01-06-2026

12:00PM PST PST

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21

X 100

X

238220

$19 Million

N/A

X

See Statement of Work

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21

FMS VA-9(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

This is a Request for Quote for ventilation system verification testing and balancing services for San

Francisco VA Health Care System.

Please carefully read the Addendum to FAR 52.212-1

Instructions to Offerors - Commercial Items and

52.212-2 Evaluation - Commercial Items to ensure quotes submitted are complete and conforming to the solicitation's requirements.

See CONTINUATION Page

X

X 1

Emily Trinh

Contracting Officer

36C26126Q0242

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

Table 1: Fan Inspection List, 3.5.1

Table 2: Belt Replacement List, 4.5.1

Table 3: Rooms requiring Testing and Balancing, 5.4.1

Table 4: Performance Requirements, 7.3.1

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)(DEVIATION NOV

2025)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)(DEVIATION NOV 2025)

C.8 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)(DEVIATION OCT 2025)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

1998)

E.3 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)(DEVIATION OCT 2025)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)[DEVIATION NOV 2025)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION

NOV 2025)

E.7 52.233-2 SERVICE OF PROTEST. (SEP 2006) (DEVIATION NOV 2025)

E.8 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261

Network Contracting Office (NCO) 21

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] Quarterly in arrears

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

Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs Financial

Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the period of performance of this acquisition. Current invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

http://www.fsc.va.gov/einvoice.asp

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 QTR __________________ __________________

Quarterly Testing & Inspection Report of Supply Fans and Exhaust Fans listed in the SOW.

Contract Period: Base

POP Begin: 02-01-2026

POP End: 01-31-2027

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

Circulating Equipment

MANUFACTURER PART NUMBER (MPN): None

Quarterly Preventative Maintenance Report of Belts for Belt Driven

Exhaust Fans

Contract Period: Base

POP Begin: 02-01-2026

POP End: 01-31-2027

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

Quarterly Ventilation Testing and Balancing Services for Rooms listed in

SOW

Contract Period: Base

POP Begin: 02-01-2026

POP End: 01-31-2027

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air listed in the SOW.

Contract Period: Option 1

POP Begin: 02-01-2027

POP End: 01-31-2028

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

Exhaust Fans

Contract Period: Option 1

POP Begin: 02-01-2027

POP End: 01-31-2028

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

SOW

Contract Period: Option 1

POP Begin: 02-01-2027

POP End: 01-31-2028

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air listed in the SOW.

Contract Period: Option 2

POP Begin: 02-01-2028

POP End: 01-31-2029

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

Exhaust Fans

Contract Period: Option 2

POP Begin: 02-01-2028

POP End: 01-31-2029

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

SOW

Contract Period: Option 2

POP Begin: 02-01-2028

POP End: 01-31-2029

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air listed in the SOW.

Contract Period: Option 3

POP Begin: 02-01-2029

POP End: 01-31-2030

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

Exhaust Fans

Contract Period: Option 3

POP Begin: 02-01-2029

POP End: 01-31-2030

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

SOW

Contract Period: Option 3

POP Begin: 02-01-2029

POP End: 01-31-2030

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air listed in the SOW.

Contract Period: Option 4

POP Begin: 02-01-2030

POP End: 01-31-2031

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

Exhaust Fans

Contract Period: Option 4

POP Begin: 02-01-2030

POP End: 01-31-2031

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

SOW

Contract Period: Option 4

POP Begin: 02-01-2030

POP End: 01-31-2031

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-

Conditioning Contractors

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

Ventilation System Verification Testing and Balancing Service

1. Basic Scope

1.1. Contractor shall furnish all equipment, labor, materials, apparatus, tools, parts, transportation, supervision, permits, disposal, reporting and expertise necessary to provide:

1.1.1. Testing/inspection report of the Supply Fans and Exhaust Fans listed in table 3.5.1

1.1.2. Preventive Maintenance report of belts for belt-driven exhaust fans listed in table 4.5.1

1.1.3. Quarterly Ventilation Testing and Balancing to the rooms listed below in table 5.4.1 up to 231. There may be an additional 10 rooms, or no more than 4% by Cubic Feet, that can be added to this requirement. These requirements must match and reference the latest VA

HVAC Manual or detail any deviations as necessary.

1.2. All services will be provided at San Francisco VA Health Care Center, 4150 Clement Street, San

Francisco, CA 94121 and 1700 Owens Street, San Francisco, CA.

1.3. All reports, workbooks, spreadsheets, no matter what format used, are the property of the VA and must be sent unlocked and sortable. Any formulas, data, functions and calculation that are part of the reports, workbooks, spread sheets must be included and are the property of the VA.

All final quarterly reports are provided in both electronic (Microsoft Excel and Adobe Acrobat pdf) and hard copy format.

2. Definitions/Acronyms

2.1. Operations Facilities Manager – Engineering Supervisor or designee

2.2. CO - Contracting Officer

2.3. COR - Contracting Officer Representative

2.4. PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

2.5. Balancing – Adjustments to supply or exhaust dampers, either electronically or manually, to bring a specific room into “balance”, to provide the required supply, exhaust, air changes necessary for each room and function

2.6. Acceptance Signature - VA employee who is authorized to sign-off on the quarterly final reports which indicate that the maintenance or report has been concluded or is still pending completion

2.7. Authorization Signature - COR signature; indicates COR accepts work status as stated

2.8. HVAC – Heating Ventilation and Air Conditioning

2.9. TIL – Technical Information Library: https://www.cfm.va.gov/TIL/

2.10. VAHCS - Department of Veterans Affairs Health Care Center, 4150 Clement St.

San Francisco, CA 94121

2.11. MB – Mission Bay, 1700 Owens St. San Francisco, CA 94158

3. Fan Inspection Report

3.1. The Testing/Inspection Report for all Supply and Exhaust Fans shall include an inspection of all the fans listed in Table 1(3.5.1) serving most rooms listed in Table 3 (5.4.1). These inspections are made to confirm normal operation and safe conditions.

3.1.1. The COR or designee shall notify the Contracting Officer prior to adding or deleting any supply/exhaust fans from the contract. Equipment may be added or deleted from the service contract as needed upon notification by the

Contracting Officer. Additions or deletions must be documented in writing via contract modification.

3.2. A quarterly report must be provided and accepted by the COR or designee at least one week prior to the start of Testing and Balancing, Section 5.

3.3. The Contractor shall perform necessary inspections according to manufacturer's specifications. The Contractor shall have written procedures to be followed and documented evidence demonstrating that each fan has been inspected according to those procedures.

3.4. The Contractor shall provide a printed and electronic check-off sheet noting the equipment being inspected and the specifications being met. Fan Inspection List

Report must indicate date of service, the model, serial number and location of equipment serviced, and the services performed, and confirmation of test completion. Any fan that fails inspection, COR or designee shall be immediately notified of this failure in writing within 24 hours and provided recommended corrective action required.

3.5. The fans to be inspected and included in the Fan Inspection Report are listed in the table below.

Table 1: Fan Inspection List, 3.5.1

Bldg. ID Description Location

Supply Fans

12 AHU-1 Air Handler Bldg 12, Room 136-B http://www.cfm.va.gov/TIL/

12 AHU-2 Air Handler Bldg 12, Rooftop

41 AHU-1 Baldor/Energy Labs Rooftop Bldg 41

41 AHU-2 Baldor/Energy Labs Rooftop Bldg 41

200 AHU-1-ER

Innovent, Air

Handler Ground Level, outside ER

200 200-AHU-7 Air Handler Rooftop, Bldg 200

200 200-AHU-6 Air Handler Penthouse

200 200-AHU-2 Air Handler BA-100, SW Basement

200 200-AHU-9 Air Handler Rooftop Bldg 200

200 200-AHU-4 Supply Fan Penthouse

200 200-AHU-8 Air Handler Rooftop, outside penthouse

203 203-AHU-1 Air Handler Penthouse

203 203-AHU-2 Air Handler Penthouse

203 AC-2 Air Handler Penthouse Bldg 203

203 AC-1 Air Handler Penthouse Bldg 203

203 HV-1 Air Handler Penthouse Bldg 203

203 HV-3 Air Handler Penthouse Bldg 203

203 SF-4 Supply Fan Penthouse Bldg 203

203 AHU-1 Air Handler 203-C Rooftop

203 Cath Lab 240 Air Handler 203 Rooftop

203 203-AHU-3 Air Handler Penthouse

203 203-AHU-9 Air Handler Penthouse

203 Unknown No. Air Handler Overhang, above dock

203 SF-2 Supply Fan Room BA-100, SW

Basement

203 Unknown No. Air Handler Ground, outside Nuclear

Med.

Bldg. Equipment ID Description Location

Exhaust Fans

12 EF-1 Rooftop Bldg 12 (upper roof)

12 EF-1 DD Rooftop Bldg 12 (lower)

12 EF-2 DD Rooftop Bldg 12 (lower)

12 EF-3 DD Rooftop Bldg 12 (lower)

12 EF-4 DD Rooftop Bldg 12 (lower)

12 EF-5 DD Rooftop Bldg 12 (lower)

12 EF-6 Rooftop Bldg 12 (new)

12 EF-7 Rooftop Bldg 12 (new)

41 EF-1 Series TS1 Rooftop Bldg 41

41 EF-2 Series TS1 Rooftop Bldg 41

41 EF-3 Series TS1 Rooftop Bldg 41

41 EF-4 Series BS Rooftop Bldg 41

41 EF-5 Toshiba Tri-Stack Rooftop Bldg 41

200 AHU-1 Air Handler Ground Level, outside ER

200 EF-ED1 1st Floor Rooftop

200 EF-ED2 1st Floor Rooftop

200 200-EF-6 Rooftop, Bldg 200

200 200-EF-44 Rooftop, Bldg 200

200 200-EF-17 White Fan Rooftop, Bldg 200

200 200-EF-8 Blue Fan Top roof, above penthouse

200 200-EF-100 Top roof, above penthouse

200 200-EF-200 Pit Fan SE Pit, Rooftop 200

200 Unknown # Mushroom Fan Rooftop, Bldg 200

200 Unknown # Pit Fan SE Pit, Rooftop 200

200-EF-14-

NEG

Top roof, above penthouse

203 203-EFI-25-TB Rooftop, above Penthouse

203 EF-203-A Rooftop, above Penthouse

203-EFI-23-

ICU

Rooftop, above ICU

203-EFI-24-

ICU

Rooftop, above ICU

203 EF-1 203-C Rooftop

203 EF-2 203-C Rooftop

203 Unknown # 203-C Rooftop

203 203-EFI-25-TB Rooftop, above Penthouse

203 203-EFI-26-TB Rooftop, above Penthouse

203 EF1S Rooftop

203 EF2S Rooftop

203 EF3S Rooftop

203 EF4S Rooftop

203 EF4N Rooftop

203 EF3N Rooftop

203 EF2N Rooftop

203 EF1N Rooftop

203 203-EF-7A Carnes Rooftop, above Penthouse

203 203-EF-7B Carnes Rooftop, above Penthouse

4. Replacement Belts.

4.1. The Testing/Inspection Report for all Belt-Driven Exhaust Fans shall include PMs of all belts on belt-driven exhaust fans serving the rooms listed in Table 3 (5.4.1).

These inspections are made to confirm normal operation and safe conditions.

4.2. A quarterly report must be provided and accepted by the COR or designee at least one week prior to the start of Testing and Balancing, Section 5.

4.3. The Contractor shall evaluate all belts and replace according to manufacturer's specifications. The Contractor shall have written procedures to be followed and documented evidence demonstrating that each fan belt has been inspected according to those procedures. At a minimum, each belt must be replaced semiannually.

4.4. The contractor shall provide a printed and electronic check-off sheet noting the equipment being inspected and the specifications being met. The Belt Replacement

Report must indicate date of service, the model, serial number and location of equipment serviced, and the services performed, parts replaced, and confirmation of test completion.

4.5. The fan belts to be inspected and included in the Belt Replacement Report are listed in the table below.

Table 2: Belt Replacement List, 4.5.1

Bldg. ID Description Location

12 EF-1 Rooftop Bldg 12 (old)

12 EF-1 Rooftop Bldg 12 (new)

12 EF-2 Rooftop Bldg 12 (new)

12 EF-3 Rooftop Bldg 12 (new)

12 EF-4 Rooftop Bldg 12 (new)

12 EF-5 Rooftop Bldg 12 (new)

12 EF-6 Rooftop Bldg 12 (new)

12 EF-7 Rooftop Bldg 12 (new)

41 EF-1 Rooftop

41 EF-2 Rooftop

41 EF-3 Rooftop

41 EF-4 Rooftop

41 EF-5 Rooftop

41 AHU-1 Penthouse

41 AHU-1 Penthouse

200 EF-8 Blue Fan Rooftop Bldg 200

200 EF-17 White Fan Rooftop Bldg 200

200 EF-200 Top roof, above penthouse, Bldg 200

200 Unknown No. Serves ER 10 1st Floor Rooftop, Bldg 200-D

200 Unknown No. Serves ER Bath 1st Floor Rooftop, Bldg 200-D

200 Unknown No. Mushroom Fan Rooftop Bldg 200

200 Unknown No. Mushroom Fan Rooftop Bldg 200

200 Unknown No. Mushroom Fan Rooftop Bldg 200

203 EF-1 Rooftop Bldg 203-C

203 EF-2 Rooftop Bldg 203-C

203 EF-203-A Rooftop, above Penthouse, Bldg 203

203 EF-7A Carnes Rooftop, above Penthouse, Bldg 203

203 EF-7B Carnes Rooftop, above Penthouse, Bldg 203

203 EF-ICU-A Rooftop, above ICU, Bldg 203

203 EF-ICU-B Rooftop, above ICU, Bldg 203

203 EFI-1 SOUTH Rooftop South

203 EFI-2 SOUTH Rooftop South

203 EFI-3 SOUTH Rooftop South

203 EFI-4 SOUTH Rooftop South

203 EFI-1 NORTH Rooftop North

203 EFI-2 NORTH Rooftop North

203 EFI-3 NORTH Rooftop North

203 EFI-4 NORTH Rooftop North

5. Quarterly Testing and Balancing.

5.1. Testing and balancing will be scheduled and performed on a Quarterly basis.

5.1.1. Each report will indicate if room was balanced at the time of testing.

5.1.2. If corrections or errors identified by COR or designee are made after the testing report was submitted, a second report will be provided no later than 10 days after the adjustments or corrections were made.

5.1.3. It is the responsibility of the Contractor to Test and verify Balancing of each of the 231 rooms listed in 5.4.1 each quarter. There are also an additional 10 rooms that may be required as well.

5.1.4. Any room that cannot meet the required air exchange rate or balanced by damper adjustments, COR or designee shall be immediately notified of this failure in writing within 24 hours and provided recommended corrective action required. These deficiencies and recommendations will also be documented as well in the comments of the quarterly report.

5.2. Testing and balancing will be performed when the work will minimize disruptions to patients, patient services or research professionals. Where possible, testing and balancing should be done on weekends or after normal business hours.

5.2.1. Rooms with In-patients must be tested and balanced after breakfast and before evening meals are served, after 10:00 AM but before 4:00 PM every day.

Testing and balancing should be scheduled in advance each quarter, and agreement made in writing, between the COR or designee and Contractor.

5.2.2. All Operating Suite rooms, Cardiac Catheterizations Lab/Interventional

Radiology rooms, Minor Procedures/Urology rooms inspections must be done after hours or on weekends when the Procedure Rooms are not occupied.

5.2.2.1. For Operating Room, Operating Suite and SPS (Sterile Processing

Service) inspections, the Contractor must be suited in appropriate, approved, protective, sterile clothing and shall ensure no debris, dust, or fallout from ducts remain behind.

5.2.3. Readings of registers are made with a certified Alnor Balometer or equivalent.

For rooms with a fume hood, a certified Shortridge Instruments Verigrid is used. Proof of equipment certification shall be provided with report submission.

5.2.4. When Balancing is required in any room, an approved self-containment unit must be used and contractor must follow VA infection control procedures when working above ceiling and or in a restricted area. It is the responsibility of the contractor to clean up after they perform work that may have disrupted debris during the process.

5.2.5. Mission Bay is a leased facility, and all balancing must be performed with

Lessor assistance. Balancing will be performed with Lessor’s Building

Management System and pre-approved by COR or designee.

5.3. Contractor shall provide necessary manpower and supervision to properly prepare reports of the Testing and Balancing each quarter. All reports for the quarter must be submitted at least 14 days prior to the end of the quarter.

5.3.1. The Testing and Balancing reports are compiled in two Quarterly reports:

5.3.1.1. The Patient Care Report, which includes all rooms and facilities listed in 5.4.1 for Buildings 200, 203, 208; and,

5.3.1.2. The Research Facilities Report, which includes all rooms and facilities listed in 5.4.1 for Buildings 12, 41, and MB.

5.3.2. The Contractor must distribute the full reports to the COR or designee within

10 days after the completion of all quarterly testing and balancing of the rooms.

5.3.3. The Quarterly Testing and Air Balancing Report must provide the following for each room listed in 5.4.1:

5.3.3.1. Room Number

5.3.3.2. Building

5.3.3.3. Cubic Feet

5.3.3.4. Required Balance

5.3.3.5. Required Supply (CFM)

5.3.3.6. Required Exhaust (CFM)

5.3.3.7. Minimum Required Air Changes

5.3.3.8. Actual Supply (CFM) per register and total

5.3.3.9. Actual Exhaust/Return (CFM) per register and total

5.3.3.10. Actual Air Changes per Hour

5.3.3.11. Actual Percent POS/NEG

5.3.3.12. Comments from Readings and Observations (including if balancing performed)

5.3.3.13. Isolation Room Alarm Test Results

5.3.4. Test and Balance Reports Requirements listed in 5.3.3, in regard to sections d)

Required Balance, e) Required Supply (CFM), f) Required Exhaust (CFM), g)

Minimum Required Air Changes, are provided and pre-approved by the COR or designee. Any changes must also be approved by the COR or designee.

COR or designee will validate or relay any changes at the start of each quarter or prior to. These items must be included for each room on the Test and

Balance Reports. Any changes to these requirements does not constitute a change to this contract.

5.4. The COR or designee can add up to 10 rooms for testing at no additional charge at any time during the quarterly cycle. COR or designee will relay any additions and which report type, either patient care or research facilities, no later than the end of the second month of the quarter. The minimum number of rooms required are listed in the table below.

5.4.1. Required Balance

Designations: NEG - Negative

Air Balance

D-NEG - Double Negative Air Balance

POS - Positive Air Balance

D-POS - Double Positive Air Balance

Neutral (o) - Neutral Air Balance

Table 3: Rooms requiring Testing and Balancing, 5.4.1

Bldg Room

Number

Req.

ACH

Req.

Balance Bldg

Room

Number

Req.

ACH

Req.

Balance

Building 200

Emergency

Room (18)

Building

203 Non-

Patient

Rooms (2)

200 GA-153 12 NEG 203 BA-10 12 NEG

200 GD-100 6 Neutral 203

BA-10

6 NEG

Storage

200 GD-110 12 NEG

Building

203 In-

Patient

Entry Pharmacy

Suite (5)

200 GD-111 4 Neutral 203 BA-1 25 POS

GD-

116/ER-1

6 Neutral 203

BA-

1A

35 NEG

GD-

115/ER-2

6 Neutral 203

BA-

1B

35 POS

GD-

114/ER-3

6 Neutral 203 BA-6 4 POS

GD-

113/ER-4

6 Neutral 203

BA-

10 D-NEG

Restroom

GD-

112/ER-5

6 Neutral

Building

Patient

Non-

Isolation

(11)

GD-

107/ER-6

6 Neutral 203

3A-

70/ICU-

6 POS

GD-

106/ER-7

6 Neutral 203

3A-

72/ICU-

6 POS

GD-

105/ER-8

6 Neutral 203

3A-

80/ICU-

6 POS

GD-

104/ER-9

6 Neutral 203

3A-

82/ICU-

6 POS

GD-102/ER-

6 Neutral 203

3A-

84/ICU-

6 POS

GD-101/ER-

6 Neutral 203

3A-

86/ICU-

6 POS

200 GD-117 10 D-NEG 203

3A-

88/ICU-

6 POS

GD-

103/ER-

10 NEG 203

3A-

92/ICU-

6 POS

10 Ante 17

GD-

103/ER-

12 NEG 203

3A-

94/ICU-

6 POS

10 Main 18

Building 200

Ground Floor

Clean Storage

(3)

3A-

4 POS

200 GA-202 4 POS 203 3A-65 4 POS

200 GB-102 4 POS

Building

Patient

Isolation

Rooms

(29)

200 GD-119 4 POS 203 2A-35 12 D-NEG

Building 200

Radiology Suite

(10)

203 2A-45 12 D-NEG

2A-104

12 NEG 203

2A-

45A

10 D-NEG

Waiting

200 2A-105 6 Neutral 203 2A-46 12 D-NEG

200 2A-106 6 Neutral 203 3A-40 12 D-NEG

200 2A-107 6 Neutral 203

3A-

64/ICU-

12 D-NEG

200 2A-111 20 POS 203

3A-

68/ICU-

12 D-NEG

200 2A-120B 6 Neutral 203

3A-

74/ICU-

12 D-NEG

200 2A-127 20 POS 203

3A-

78/ICU-

12 D-NEG

200 2A-127B 15 POS 203

2B-12

Ante

10 POS

200 2A-139 6 Neutral 203 2B-12 12 D-NEG

200 2A-121 4 POS 203

2B-12

Toilet

10 D-NEG

Building 200

Sterile

Processing and

Distribution

(15)

203 2B-17 12 D-NEG

200 1A-144 6 D-NEG 203

2B-17

Toilet

10 D-NEG

200 3A-103 4 Neutral 203 2B-57

Ante

10 POS

200 3A-103C 4 POS 203 2B-57 12 D-NEG

200 3A-104 4 POS 203

2B-57

Toilet

10 D-NEG

200 3A-105 4 Neutral 203 2B-65 12 D-NEG

200 3A-106 4 Neutral 203 2B-65

Toilet

10 D-NEG

200 3A-108 10 POS 203

3B-12

Ante

10 POS

200 3A-108A 6 NEG 203 3B-12 12 D-NEG

200 3A-108C 10 D-NEG 203

3B-12

Toilet

10 D-NEG

200 3A-109 6 D-NEG 203 3B-18 12 D-NEG

200 3A-109A 6 D-NEG 203

3B-18

Toilet

10 D-NEG

200 3A-109B 10 D-NEG 203

3B-56

Ante

10 POS

200 3A-109E 10 POS 203 3B-56 12 D-NEG

200 3A-110 4 D-POS 203

3B-56

Toilet

10 D-NEG

200 3A-110B 10 D-NEG 203 3B-62 12 D-NEG

Building

200/203

Operating

Rooms and

Suite (34)

3B-62

Toilet

10 D-NEG

3A-

156/OR 1

20 D-POS

Building

41 (30)

3A-

155/OR 2

20 D-POS 41 G01 6 POS

3A-

154/OR 3

20 D-POS 41 G04 20 NEG

3A-

152/OR 4

20 D-POS 41 G05 4 Neutral

3A-

151/OR 5

20 D-POS 41 G06 10 NEG

3A-

150/OR 6

20 D-POS 41 G08 10 D-NEG

3A-

159/OR 7

20 D-POS 41 G09 6 D-NEG

3B-

121/OR 8

20 D-POS 41 G11 10 NEG

3B-

123/OR 9

20 D-POS 41 G13 4 NEG

200 3A-140 10 D-NEG 41 G15 8 Neutral

200 3A-111 6 D-NEG 41 G16 4 POS

200 3A-113 4 NEG 41 G17 8 Neutral

3A-

113A/B 4 Neutral 41 G21 10 D-NEG

200 3A-114 10 NEG 41 101 15 POS

200 3A-116A 4 Neutral 41 102 15 POS

200 3A-116 10 NEG 41 103 15 POS

200 3A-117 4 Neutral 41 104 15 POS

200 3A-117A 4 Neutral 41 105 15 POS

200 3A-117B 4 Neutral 41 106 15 NEG

200 3A-117C 10 D-NEG 41 107 15 NEG

200 3A-122 6 Neutral 41 108 15 NEG

200 3A-Pre-Op 6 POS 41 109 15 NEG

200 3A-139 4 D-POS 41 110 15

NEG

200 3A-142 6 Neutral 41 111 15 NEG

200 3A-146 12 D-NEG 41 112 15 NEG

200 3A-149 10 D-NEG 41 113 15 D-NEG

200 3A-153D 8 POS 41 114 8 Neutral

200 3A-158A 4 POS 41 115 15 NEG

203 3C-2 6 POS 41 116 8 NEG

203 3C-2A 6 Neutral 41 119 4 Neutral

203 3C-4 8 Neutral 41 122 15 D-NEG

203 3C-5 4 POS

203 3C-9 10 D-NEG

203 3C-11 12 D-NEG

Building 203

Nuclear

Medicine Suite

Non-Isolation

Rooms (14)

203 GB-51 6 NEG

203 GB-52 6 POS

203 GB-53 12 NEG

203 GB-54 10 D-NEG

203 GB-55 4 POS

203 GB-56 6 NEG

203 GB-56A 10 NEG

203 GB-56B 10 D-NEG

203 GB-59 6 NEG

203 GB-60 12 NEG

203 GB-61 6 NEG

203 GB-62 12 NEG

203 GB-63 6 POS

203 GB-64 6 NEG

Building 203

Cath Lab Suite

(10)

203 2C 8 Neutral

2C

8 POS

Hallway/Core

203 2C-4 6 POS

203 2C-4A 10 D-NEG

MISSION

BAY 1700

Owens St.

(19)

2C-5

20 D-POS MB 361 15 NEG

Catheter

Lab 3

203 2C-6 12 D-NEG MB 449 4 Neutral

2C-9

Control

Room 2/3

8 Neutral MB 450 15 NEG

2C-10

20 POS MB 451 15 NEG

Cath Lab 2

2C-11

20 POS MB 452 15 NEG

Cath Lab 1

2C-11A

8 Neutral MB 453 15 NEG Control

Room 1

Building 203

Gastrointestinal

Suite (4)

MB 454 15 POS

203 2A-64 10 NEG MB 458 15 POS

203 2A-64A 4 POS MB 459 15 POS

2A-75

Dirty

10 D-NEG MB 460 15 POS

203 2A-73 4 POS MB 463 6 POS

Building 203

Patient

Treatment (4)

MB 464 20 NEG

203 3A-104 12 NEG MB 467 15 NEG

203 1B-23 6 Neutral MB 470A 15 POS

203 1B-23A 6 Neutral MB 470B 15 NEG

203 1B-24 6 Neutral MB 470C 15 NEG

Building 208

Clean

MB 475 15 NEG

Storage (2)

208 1A-112 4 POS MB 477 15 NEG

208 GA-116 4 POS MB 478 15 NEG

208 GA-116 4 POS MB 481 15 NEG

MB 484 15 NEG

6. Qualification

6.1. Contractor shall have been engaged in maintaining/servicing/testing the equipment listed in table 3.5.1 for a minimum of three (3) years. Contractor shall have a field service representative who has received maintenance training specific to the models listed.

6.2. Contractor shall provide, upon request, evidence of appropriate training of any field service representative.

7. Quality Assurance

7.1. For the tasks listed in the Performance Requirement Table (PRT) below, the COR or designee will follow the methods of surveillance specified in this contract.

7.2. When a required service in the PRT indicates defective performance, the COR or designee will require the contract manager or representative at the site to document the observation and forward to the Contracting Officer to maintain in the file. The documentation of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the PRT or by methods other than those listed in the PRT (such as provided for by the

Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the contracting officer as a result of surveillance will be in accordance with the terms of this contract.

7.3. The Contractor and COR or designee will meet prior to end of each quarter to review reports and discuss any issues. These will be scheduled in person.

7.3.1. Performance Requirements

Table 4: Performance Requirements, 7.3.1

8. Information SECURITY REQUIRMENTS:

Required Service

Standard

Performance

Requirement

(PR)

Method of

Surveillance

Factors to consider for

Option Year

Renewal

Contractor shall provide inspection reports of supply and exhaust fans

Contractor shall provide required reporting criteria

Contractor shall have tools necessary to validate and test function of fans per manufacturer requirements

COR Complaint if fans fail unplanned due to standard inspection criteria

Yes

Contractor shall provide maintenance and inspection reports of fan belt repairs

Contractor shall provide required reporting criteria

Contractor shall provide a report that is legible and complete including the repairs and confirmation of operation.

COR Complaint that Reports were not furnished.

Yes

Contractor Shall test and balance quarterly

Provide quarterly

Reports of

Inspection, Testing, Balancing Correction made and follow up action needed.

Shall be submitted

14 days prior to the end of the quarter.

COR to confirm delivery of each

Yes

Contractor shall balance ventilation to meet requirements

Latest VA HVAC

Design guide.

Set proper air flow and air exchange rates each quarter

COR Field Verify

Random sampling

Yes

The ventilation system is not connected to VA network. No PII and PHI will be accessed by the contractor. The C&A requirements do not apply, and a Security Accreditation Package is not required.

Based upon a review of the PWS/SOW as presented, the contractor will not have access to VA sensitive information or PII/PHI to fulfill the terms of the contract. A BAA will not be required

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as

National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR

Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of

44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to

NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is

EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The

Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the

Contractor.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)(DEVIATION OCT

2025)

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

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

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

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR

52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

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

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

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

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

(i) Payment—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

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

(D) Contractor point of contact; and

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

Officer.

(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

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.