36C26126Q0604.docx

36C26126Q0604

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

459-26-3-6088-0048 36C26126Q0604 04-27-2026 Tim Smith 916-923-4517 05-18-2026 15:00

PDT

612MCP

Department of Veterans Affairs Network Contracting Office (NCO) 21

X 621512 $19 Million N/A X See Performance Work Statement

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 Requirement for Mobile MRI Trailer Preventive Maintenance and Repairs with two 1-year option periods Note 1: Offerors shall follow the submission instructions specified in Addendum to FAR Provision 52.212-1 and 52.212-2 included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award Note 2: All questions must be submitted no later than 5/11/2026 at 1:00 PM PST to Timothy.smith9de3@va.gov Note 3: See site visit information found within FAR Provision 52.237-1 See CONTINUATION Page X X Tim Smith Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261

Network Contracting Office (NCO) 21

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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

Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to register and begin submitting electronic invoices, free of charge. The Department of Veterans Affairs Tungsten Number is: AAA544240062 (this allows you to file invoices online for free.)

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Quarterly and Annual Preventive Maintenance as described in the PWS Contract Period: Base POP Begin: 06-30-2026 POP End: 06-29-2027 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): N/A

Labor Hours for Routine Repairs

POP Begin: 06-30-2026 POP End: 06-29-2027 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor Hours for Emergency Repairs

POP Begin: 06-30-2026 POP End: 06-29-2027 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Quarterly and Annual Preventive Maintenance as described in the PWS Contract Period: Option 1 POP Begin: 06-30-2027 POP End: 06-29-2028 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor Hours for Routine Repairs

POP Begin: 06-30-2027 POP End: 06-29-2028 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor Hours for Emergency Repairs

POP Begin: 06-30-2027 POP End: 06-29-2028 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Quarterly and Annual Preventive Maintenance as described in the PWS Contract Period: Option 2 POP Begin: 06-30-2028 POP End: 06-29-2029 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor Hours for Routine Repairs

POP Begin: 06-30-2028 POP End: 06-29-2029 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Labor Hours for Emergency Repairs

POP Begin: 06-30-2028 POP End: 06-29-2029 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

B.3 PERFORMANCE WORK STATEMENT

Performance Work Statement Mobile MRI Trailer Preventive Maintenance & Repair

The Contractor shall provide all labor, material, and equipment to conduct Preventive Maintenance & Repair Services for the government-owned equipment listed below at the specific Department of Veterans Affairs facility.

1. Location of Work Daniel K. Akaka VA Clinic Mobile MRI Trailer:

91-1031 Franklin D. Roosevelt Ave. Kapolei, HI 96707

2. Point of Contact

2.1 The Contracting Officer Representative (COR) or his/her designee shall be the primary Point of Contact (POC).

2.2 The Contracting Officer will delegate Contracting Officer's Representative(s) (COR) to monitor the Contractor's performance. The delegation will specify the limits of the COR's authority.

3. Scope of Work

3.1. This scope of work requests preventive maintenance & repairs for the mobile MRI trailer (AMST model AMGV-152) listed in section 5 of this Performance Work Statement.

3.2 The Contractor shall furnish necessary labor and material to perform preventive maintenance and repairs for the mobile MRI trailer listed in section 5 of this Performance Work Statement.

3.3 All work performed shall be accomplished in accordance with manufacturers’ instructions, including, but not limited to, adjustments, calibrations, lubrication, cleaning, testing, replacement of worn or defective non-consumable parts, etc., required to keep the equipment in good operable condition.

4. Service Report

4.1. The Contractor's service representative will report upon arrival to the Point of Contact or his/her designee. Upon completion of the work, the Contractor's service representative must report in person to the Point of Contact and must present a copy of his /her field service report signed by the Service using the equipment. This report must reflect date and time of service, name of company, contract number, and the name of the Contractor's service representative. As a minimum, this report must contain a detailed description of any services or repairs performed and must also include a listing of replacement parts, when applicable. The report shall also include any contractor's recommendations necessary to maintain the equipment in best operating condition.

4.2 BOTH THE CHECK-IN AND CHECK-OUT PROCEDURES DEFINED ABOVE ARE MANDATORY AND WILL BE STRICTLY ENFORCED.

NOTE: Payment of invoices may be delayed if the appropriate reports are not properly completed and are not submitted to the Engineering Service

5. Contractor Responsibilities:

Furnish all parts (for preventive maintenance), labor, materials, facilities, transportation, tools, equipment and all other items deemed necessary to fully maintain the following components of the mobile MRI trailer and to replace defective parts in accordance with needs and specifications:

· HVAC/Chiller system

· Lift gate

· Roller door

· Magnetic Resonance (MR) door

· Emergency generator/Automatic Transfer Switch (ATS)

· Electrical system

· Miscellaneous components

5.1 The service contract covers full maintenance, including regular and systematic inspection of each component of the mobile MRI trailer listed above. During the inspection visit, the Contractor shall:

5.1.1 Inspect, clean, adjust, and/or lubricate the components for the mobile MRI trailer listed above to maintain satisfactory service

5.1.2 Determine the nature and extent of any work required to restore equipment to satisfactory condition and operation as determined by the VA

5.1.3 And, if conditions warrant, furnish and install parts as needed.

5.2 Preventive Maintenance schedule:

5.2.1 Quarterly and Annual preventive maintenance checks shall be performed on the list in Appendix A of this Performance Work Statement.

5.2.2 Parts that are worn or defective that are discovered as part of the routine Quarterly and Annual preventive maintenance shall be replaced by the contractor at no additional cost.

5.3 The maintenance contractor shall be escorted by a member of the Facilities Management and Engineering Services Dept at all times.

5.4 Materials to be furnished

The contractor shall furnish all lubricants, cleaning supplies, and tools necessary to perform the work described above. All lubricants shall be recommended by the manufacturer of the equipment.

5.5 Routine Repairs

Contractor to provide service at the site within the next normal workday after the Contractor has been contacted for service. The work is done during regular working hours (0700-1700, Monday through Saturday). If any repairs are required, the contractor will provide an itemized quote to the COR for approval prior to repairing equipment. The parts needed for the repairs will be purchased using Government Purchase Card (GPC) or a separate contract. The labor charges will be covered by labor hour Contract Line Item (CLIN) listed in the price schedule of the contract. COR approval is required before the work begins.

Unless it’s an emergency, all federal holidays shall be observed. If these holidays fall on Saturday, the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed.

Recognized Holidays:

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

5.6 Emergency Call-Back Service and Repairs

Prompt emergency call back service shall be provided within one (1) hour of receiving a request for emergency service call, 24 hours a day, 7 days a week. This call back service shall be rendered at any hour and day of the week as requested at NO EXTRA CHARGE TO THE GOVERNMENT. After receiving a request for emergency service, the Contractor will arrive on-site at the facility within 24 hours, the work shall be performed continuously until the emergency-based situation is mitigated. The emergency service COVERS ALL COMPONENTS OF THE MOBILE MRI TRAILER covered in Section 5. If any repairs are required, the contractor will provide an itemized quote to the COR for all emergency repairs for approval prior to repairing equipment. The parts needed for the repairs will be purchased using Government Purchase Card (GPC) or a separate contract. The labor charges will be covered by labor hour Contract Line Item (CLIN) listed on the price schedule. COR approval is required before the work begins.

5.7 The contractor shall obtain all necessary licenses and/or permits required to perform this work.

5.8 The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Hawaii.

5.9 Shutdown of any portion of any system component listed in Section 5, regardless of duration, shall be coordinated through and approved by the VA Facilities Management/Engineering Service staff.

5.10 Contractor shall respond only to calls for service placed by the following VA personnel:

· VA Facilities Management/Engineering Service Maintenance & Operations (M&O) section

· Chief, Facilities Management/Engineering.

· Contracting Officer

5.11 Where the VA gives specific maintenance procedures or guidelines, Contractor shall perform in accordance with these guidelines, in addition to industry guidelines. If the VA does not give a specific procedure, the manufacturer recommended preventive maintenance (PM) procedure as described in the official service manual will be followed, and the Contractor shall submit a detailed description of the procedure to be followed in performance of preventive maintenance (PM).

5.12 Any service required which the Contractor believes to be in excess of the contract provisions and may require additional costs, must not be performed without prior authorization from the Contracting Officer or Facilities Management/Engineering contract office. A separate purchase order will be created to pay for any additional service, if authorized by the VA.

5.13 Contractor shall have a comprehensive inventory of parts and components for all equipment covered under the contract. Inventory should be readily available for necessary repairs in order to limit equipment downtime.

5.14 Payment will be made in arrears of the specified billing period after receipt of a properly prepared invoice, provided all required work, including preventive maintenance, has been performed in accordance with contract.

Appendix A – Preventive Maintenance Checklist HVAC/Chiller System

· Inspect/change filters

· Inspect Thermostats

· Verify heat strip operation

· Inspect/clean evaporator coil

· Clean/inspect condenser coils

· Inspect electrical contactors

· Verify refrigerant pressures

· Inspect refrigeration piping abrasion

· Lubricate fan motors if applicable

· Inspect covers/fasteners

· Verify compressor amp draw

· Verify condensate pans/drains

· Verify condenser motor operation

· Inspect electrical contactors

· Inspect pump seal

· Lubricate motors

· Clean/replace aluminum filters

· Inspect covers/fasteners

· Verify operating/alarm controls

· Verify CW supply temp 45-75 F

· Inspect/replace glycol filter

· Clean/ inspect condensing coils

· Verify/adjust glycol level

· Verify Condenser motor operation

· Inspect/replace steam tank

· Verify humid control set point

· Inspect/fill water reservoir

· Clean fill and drain valves

· Verify 12 volt pump

· Change humidifier canister every 6 months.

Lift Gate

· Test/inspect lift gate

· Inspect rails/ pins

· Inspect lift fittings/pivot points

· Clean / lubricate slide rails

· Verify lift transport warning switches/lights are working & operation switches/remote

· Inspect/Clean 12 volt battery terminals & cables load test battery

· Inspect lift hydraulic pump cylinders hoses fittings for leaks & verify fluid level

· Verify van battery charger

Roller Door

· Verify roll door controls

· Inspect roll door mounting bolts

· Inspect roll door clutch/hardware

· Inspect roll door side track rails

· Inspect roll door key way

· Clean and lubricate roll door rails chains and cylinder wear block

· Inspect awning

· Inspect bay door shocks/hardware

· Verify bay light operation

MR Door

· Inspect clean and MR door gasket. Verify MR door operation

· Verify MR door lock and the handle operate correctly

· Check MR door for binding and loose hardware

· Check door hinges/stops/latches for proper operation

Generator/ATS

· Clean fuel/water separator & replace filter

· Lamp test on control panel

· Inspect fuel lines & injectors

· Change oil/filters- 250 hours

· Check crankcase breather

· Check hoses/belts

· Verify radiator coolant level

· Verify coolant freeze point & pH

· Verify block heater operation

· Inspect housing mounting bolts

· Inspect muffler/brackets

· Verify battery charging voltage

· Load test battery/clean terminals

· Verify voltage & hertz output

· Record hours run since last P.M. (540.5 hours) Recorded Generator Hours

· Perform loss of power test and verify automatic transfer switch (ATS) is in proper working condition

· Ground Continuity Test and record the results (Very Important)

Electrical System

· Inspect breakers and panels

· Inspect lighting and bulbs

· Inspect power cord and plug, tighten any loose connections to the plug wire

· Inspect 110 volt outlets

Miscellaneous

· Check door hinges/stops/latches for proper operation

· Inspect Slide outs for operation

· Inspect Slide out compressor

· Empty compressor drain and verify Y-strainer is cleaned out

· Check Fire system Last Inspection Date:

· Inspect stair mounts

· Inspect interior flooring

· Verify bay heater operation

· Inspect cabinet latches and hinges

· Inspect landing gear

· Inspect locking pins

· Inspect air drive or air/hydraulic

· Inspect air tanks

· Verify hub fluid levels

· Inspect undercarriage/frame

· Inspect airbags/airlines/fittings

· Inspect shocks/bushings

· Inspect Tires - advise of any issues

· Note hub meter mileage

VISN 21 90 CCA

Contractor Personnel Security Requirements

Reference:

VHA Directive 0710, Personnel Security and Suitability Program/ May 18, 2007 VA Handbook 0710, Personnel Suitability and Security Program/ September 10, 2004 Upon contract award, all key personnel shall be subject to the appropriate type of background investigation or screening per VA/VHA directive 0710 and must receive a favorable adjudication from CCA Personnel Security Specialist or VA Security and Investigations Center (SIC) depending on investigation or screening required. This requirement is applicable to all subcontract personnel. If the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

Contract personnel who previously received a favorable adjudication as a result of a Government background investigation or screening may be exempt from this contract requirement. They must provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer. Proof of previous adjudication is subject to verification. Some positions maybe subject to periodic re-investigation/screening.

1. Position Risk/Sensitivity – For all positions required under this contract, the position risk/sensitivity has been designated as: High Risk, Medium Risk, or Low Risk

2. Background Investigation/Screening –It is anticipated that the Contractor or contract personnel will be providing services at a VA facility(s) for MORE than 180 days under a single contract or series of contracts, or have access to VA computer data systems, the background investigation/screening commensurate with the requirements of this contract is: BI, MBI OR NACI

3. Contractor Responsibilities

a. The Contractor shall prescreen all personnel to ensure they are able to read, write, speak, and understand the English language.

b. The Contractor shall submit or have their contract personnel submit the following required forms to the Personnel Security Specialist or VA Contracting Officer, through the COR, within five (5) business days of contract award

Low Risk Investigative Requirements

i. Standard Form 85, Questionnaire for Non-Sensitive Positions

ii. Standard Form 86A, Continuation Sheet for Questionnaires Iii. Optional Form 306, Declaration for Federal Employment (This form will only be used to record an applicant’s responses, not for Federal employment purposes) Iv. Electronic Fingerprint Verification or FD 258, U.S. Department of Justice Fingerprint Applicant Chart

All forms are located on the VA Background Investigations for Contractors https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiqucCSu4mTAxUPLzQIHeawHC8QFnoECCEQAQ&url=https%3A%2F%2Fwww.vendorportal.ecms.va.gov%2FFBODocumentServer%2FDocumentServer.aspx%3FDocumentId%3D1580875%26FileName%3DVA261-14-Q-1135-002.pdf&usg=AOvVaw2vxgX1qkxq4z6pSEfeu-_A&opi=89978449

Prior to completing the required forms, contract personnel should review the Common Errors on NACI Security Questionnaires, Example_SF85, Example_OF306, and General Questions and Answers about OPM background Investigation. This information is located on the web site above. Incomplete forms will be rejected and could result in a delay of work under the contract.

c. Once the items requested in paragraph 3. b. above are received, VA will pre-screen these items for completeness, and forward them to the appropriate party(s) in order to initiate the required background investigation(s) or screening(s) within fourteen (14) calendar days of appointment. Only after the VA Contracting Officer or Personnel Security Specialist notifies the Contractor that the background investigation(s) or screening(s) was initiated shall the Contractor be authorized to provide services under the contract. As previously stated, if the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

d. The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the contract.

e. Failure to comply with these Contractor personnel security requirements may result in termination of the contract for default.

4. Government Responsibilities

a. The VA Contracting Officer will ensure a time for contract personnel to complete the fingerprint portion of this requirement, if any, and the COR will responsible for performing any duties assigned by the VA Contracting Officer with regard to fulfilling the Contractor personnel security requirements described herein.

b. Upon receipt, the local VA facility or VA SIC, depending on the type of investigation/screening required, will review the accuracy of the items requested in paragraph 3. b. above and forward these items to OPM to conduct their portion of the background investigation or screening, as applicable.

c. The requesting VA facility will pay for any portion of the investigation or screening conducted by OPM, if any.

d. Depending on the type of investigation/screening required, the Personnel Security Specialist, or VA SIC will notify the VA Contracting Officer of the adjudicating results of the background investigation or screening.

e. The VA Contracting Officer and Personnel Security Specialist will ensure that the required investigations or screening have been completed or are in the process of being requested.

Personnel Identity Verification (PIV) of Contractor Personnel In accordance with FAR 52.204-9 and VA Directive 0735 – Personal Identity Verification of Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card. See the Accepted Identification Documentation List provided below. The COTR, or designee, will be responsible for sponsoring each contract person that requires a VA-issued identification card.

PIV ID Proofing Criteria The following criteria must be met by all VA employees, contractors, and affiliates prior to being issued a PIV card.

Table of Accepted Identification (From Form I-9) Last Update: January 7, 2008

1. Two forms of identification are required from the above list of acceptable documents. Either of the following is accepted:

a. Two forms of identification from the left column (Federal or State Government issued picture ID).

b. One form of identification from the left column (Federal or State Government issued picture ID) and one form from the right column (Non-Picture ID or Acceptable Picture ID not issued by Federal or State Government).

2. Two forms of identification are required from the above list of acceptable documents. Either of the following is accepted:

c. Two forms of identification from the left column (Federal or State Government issued picture ID).

d. One form of identification from the left column (Federal or State Government issued picture ID) and one form from the right column (Non-Picture ID or Acceptable Picture ID not issued by Federal or State Government).

3. The following rules apply for form identification:

a. Any form of identification used for ID proofing may not be expired (except U.S. Passport)

b. Department of Veterans Affairs site/facility badges are not accepted as a valid form of identification.

c. VA PIV Cards are federally issued ID cards and can be used as a valid form of identification.

d. Handwritten or photocopied documents are not accepted.

e. An ID issued before a legal name change (e.g. birth certificate or driver's license) can be presented as one form of ID if a legal document (e.g. marriage certificate/license or a court order) is also presented linking the previous name to the current legal name. The linking document has to display both the former and current legal names. Both documents must be valid and not expired (except U.S Passport). For example, a married woman may use both a certified copy of her birth certificate displaying her maiden name and a driver’s license displaying her married name as the 2 forms of ID compliant with PIV Guidelines, as long as she provides a marriage license displaying both her maiden name and married name.

f. The Applicant’s name listed on the VA PIV Registration Portal, Request for One-VA Identification Card, must match the name on one of the IDs presented by the Applicant.

g. The names on both forms of ID presented for ID proofing must match exactly. If one form of ID has a middle name or initial, the other form of ID must have a matching middle name or initial. One form can contain a middle name and the other can have a middle initial as long as the they match. ALL names must be accounted for on both forms of ID. Please see the acceptable and unacceptable ID proofing examples provided below.

ACCEPTABLE NAME VARIATIONS

ID # 1 – John Henry Smith; ID # 2 – John Henry Smith

ID # 1 – John H. Smith; ID # 2 – John H. Smith

ID # 1 – John Henry Smith; ID # 2 – John H. Smith

UNACCEPTABLE NAME VARIATIONS

ID # 1 – John Henry Smith; ID # 2 – John Smith

ID # 1 – John H. Smith; ID # 2 – John Smith

36C26126Q0604

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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. 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) Alternate I (Deviation Date). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.

(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. As used in this clause— Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means—

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(5) Indirect costs specifically provided for in this clause.

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit.