36C26127Q0017 - Solicitation Document.docx

36C26127Q0017

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

570-27-1-604-0001

36C261-27-AP-0535

36C26127Q0017 08-11-2026 Jill Williams 702-001-5380 09-10-2026 11:00am

PDT

00261 Department of Veterans Affairs Network Contracting Office 21

X X Y 611430 $15 Million N/A X See Performance Work Statement

00261 Department of Veterans Affairs Network Contracting Office 21

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page The VA Central California Healthcare System (VACCHCS) Medical Center requires Engineering Safety Training IAW the Performance Work Statement.

This is a 100% SDVOSB set-aside. Offerors must be verified at the time of quote submission and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation. Failure to submit SDVOSB certification AND completion of VAAR Clause 852.219-75 will result in being excluded from evaluations and ineligible for award.

WD 2015-5609 REVISION 29, DATED 05/13/

APPLIES TO THIS

SOLICITATION.

Quote packages must be emailed to jill.williams@va.gov by 11:00am PST on 09/10/2026.

Questions must be submitted NLT 12:00pm (noon) on 09/01/2026 See CONTINUATION Page X X Jill Williams 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 Department of Veterans Affairs Network Contracting Office 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.

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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Fall Protection Training Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 611430 - Professional and Management Development Training PRODUCT/SERVICE CODE: U006 - Education/Training - Vocational/Technical

Asbestos/Lead Awareness Training

POP Begin: 10-01-2026 POP End: 09-30-2027

Confined Space Rescue Training

POP Begin: 10-01-2026 POP End: 09-30-2027

Hazard Communication Training

POP Begin: 10-01-2026 POP End: 09-30-2027

Electrical Contact Release Training

POP Begin: 10-01-2026 POP End: 09-30-2027

OSHA 10 Training

POP Begin: 10-01-2026 POP End: 09-30-2027

NFPA 70E Training

POP Begin: 10-01-2026 POP End: 09-30-2027

Forklift Training

POP Begin: 10-01-2026 POP End: 09-30-2027

Scissor/Boom Lift Training

POP Begin: 10-01-2026 POP End: 09-30-2027

Skid Steer Training

POP Begin: 10-01-2026 POP End: 09-30-2027

Fall Protection Training Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028

Asbestos/Lead Awareness Training

POP Begin: 10-01-2027 POP End: 09-30-2028

Confined Space Rescue Training

POP Begin: 10-01-2027 POP End: 09-30-2028

Hazard Communication Training

POP Begin: 10-01-2027 POP End: 09-30-2028

Electrical Contact Release Training

POP Begin: 10-01-2027 POP End: 09-30-2028

Fall Protection Training Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029

Asbestos/Lead Awareness Training

POP Begin: 10-01-2028 POP End: 09-30-2029

Confined Space Rescue Training

POP Begin: 10-01-2028 POP End: 09-30-2029

Hazard Communication Training

POP Begin: 10-01-2028 POP End: 09-30-2029

Electrical Contact Release Training

POP Begin: 10-01-2028 POP End: 09-30-2029

OSHA 10 Training

POP Begin: 10-01-2028 POP End: 09-30-2029

Fall Protection Training Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030

Asbestos/Lead Awareness Training

POP Begin: 10-01-2029 POP End: 09-30-2030

Confined Space Rescue Training

POP Begin: 10-01-2029 POP End: 09-30-2030

Hazard Communication Training

POP Begin: 10-01-2029 POP End: 09-30-2030

Electrical Contact Release Training

POP Begin: 10-01-2029 POP End: 09-30-2030

NFPA 70E Training

POP Begin: 10-01-2029 POP End: 09-30-2030

Forklift Training

POP Begin: 10-01-2029 POP End: 09-30-2030

Scissor/Boom Lift Training

POP Begin: 10-01-2029 POP End: 09-30-2030

Skid Steer Training

POP Begin: 10-01-2029 POP End: 09-30-2030

Fall Protection Training Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031

Asbestos/Lead Awareness Training

POP Begin: 10-01-2030 POP End: 09-30-2031

Confined Space Rescue Training

POP Begin: 10-01-2030 POP End: 09-30-2031

Hazard Communication Training

POP Begin: 10-01-2030 POP End: 09-30-2031

Electrical Contact Release Training

POP Begin: 10-01-2030 POP End: 09-30-2031

OSHA 10 Training

POP Begin: 10-01-2030 POP End: 09-30-2031

Performance Work Statement (PWS) Engineering Service Safety Training VA Central California Health Care System

1. BACKGROUND: The Department of Veterans Affairs (VA), Engineering Service, requires select Safety Trainings for select staff positions/duties. Safety training is critical to ensure staff and patient safety when performing various job duties around the facility. The training is required by growing standards and regulations including but not limited to NFPA, VHA Directive, OSHA and local policy.

2. SCOPE OF WORK:

2.1. Fall protection training, conducted quarterly to meet compliance with the annual requirement. Staggered staff attendance with approximately 20 staff attending each quarter. Topics include fall hazard assessments, fall prevention methods, elevated walking/working surfaces, types of fall protection methods and personal protective equipment. Trainers must be certified and authorized by OSHA and provide documentation. Training is preferred face to face; but the use of TEAMS meetings is authorized for this training.

2.2. Asbestos/Lead Awareness training, conducted quarterly to meet compliance with the annual requirement. Staggered staff attendance with approximately 20 staff attending each quarter. Topics to include methods for recognizing asbestos, asbestos health effects, engineering and safe work practices, PPE, and requirements of OSHA asbestos regulations. Trainers must be certified and authorized by OSHA and provide documentation. Training is preferred face to face; but the use of TEAMS meetings is authorized for this training.

2.3. Confined Space Rescue training, conducted quarterly to meet compliance with the annual requirement. Staggered staff attendance with approximately 15 staff attending each quarter. Topics include engineering controls, confined space plans, PPE, roles and duties of confined space personnel, air monitoring, rescue procedures, and confined space entry and rescue drills. Trainers must be certified and authorized by OSHA and provide documentation. This training must be done face to face onsite at VA Medical Center Fresno.

2.4. Hazard Communication training, conducted quarterly to meet compliance with the annual requirement. Staggered attendance with approximately 20 staff attending each quarter. Topics will include hazards of chemicals, safety data sheets, labeling requirements, and requirements of OSHA hazard communication regulations. Trainers must be certified and authorized by OSHA and provide documentation. Training is preferred face to face; but the use of TEAMS meetings is authorized for this training.

2.5. OSHA10 training, conducted biennially beginning 2027 to meet compliance with the biennial requirement. Staggered staff attendance between two classes withing the active service period and approximately 15 staff attending each session. Topics will include hazards of chemicals, safety data sheets, labeling requirements, and requirements of OSHA hazard communication regulations. Trainers must be certified and authorized by OSHA and provide documentation. Training is preferred face to face; but the use of TEAMS meetings is authorized for this training.

2.6. Forklift/Scissor/Boom/Skid Steer training, conducted quarterly to meet compliance with the annual requirement. Staggered attendance with approximately 5 staff attending each quarter. Topics include hazards, safe operating procedures, controls, inspection and maintenance, and applicable regulations. Trainers must be certified and authorized by OSHA and provide documentation. This training must be done face to face either onsite at VA Medical Center Fresno or at local vendor facility not to exceed 30 miles from the facility. If done onsite, vendor provides Boom lift rental for the training.

2.7. NFPA70E training, conducted triennially to meet compliance with the triennial requirement. Staggered staff attendance between three classes withing the active fiscal year and approximately 8 staff attending each session. Topics include electrical contact release, hazards, safe operating procedures, controls, inspection and maintenance, and applicable regulations. Staff demonstration and testing to be included upon completion of training. Trainers must be certified to train in this topic and provide documentation. This training must be done face to face onsite at VA Medical Center Fresno.

2.8. Electrical Contact Release Training, conducted quarterly to meet compliance with the annual requirement. Staggered attendance with approximately 5 staff attending each quarter. Topics will include statistics, concepts, codes and standards, and is focused on how to respond to an emergency where someone encounters a person who is in contact with energized electrical parts. Trainers must be certified and authorized by OSHA and provide documentation. Training is preferred face to face; but the use of TEAMS meetings is authorized for this training.

2.9. All training shall be in compliance with OSHA standards and VHA Directives and include certification for the staff members that complete the training. Vendor to provide certification in PDF format, training rosters, competency verification, and hard copies of deliverables.

2.10. Trainers performing service on this contract shall have all required certifications, competencies, training, experience, and education to conduct the services required free of government assistance.

3. PLACE OF PERFORMANCE: Fresno VA Medical Center - 2615 E. Clinton Ave. Fresno, CA 93703

4. HOLIDAYS:

4.1. Legal holidays recognized by the Federal Government in accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 or any other by the President of the United States to be a national holiday, the following national holidays are observed and for the purpose of this contract is defined as “Legal Federal, official holidays” as follows:

4.1.1. Recognized Holidays

5. GENERAL INFORMATION:

5.1. No government furnishing of equipment, supplies or training materials will be provided under this contract. Contractor shall provide any equipment, training materials and supplies.

6. STANDARD OF CONDUCT: Contractor and contractor’s personnel must adhere to the contract and shall conduct themselves according to VA conduct standards.

6.1. Neglect of Duties. Contractor, subcontractors, and personnel neglect of duties shall not be condoned. This shall include but not limited to sleeping on duty, unreasonable delay or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the work site security. This can result in the termination of the contract or removal of the employee(s), which will be the decision the VA. The CO shall inform the contractor in writing of actions.

6.2. Disorderly Conduct. The use of abusive or offensive language, quarreling, intimidation by work, action, or fighting shall not be condoned. Also included is participation in disruptive activities which interfere with normal and efficient government operations. This can result in the termination of the contract or removal of the employee(s), which will be the decision the VA. The CO shall inform the contractor in writing of actions.

6.3. Driving. Contractor and Contractor’s employees shall obey all speed limits and traffic signs. Disobeying traffic regulation could result in court citations, which include monetary fines. Continued violations could result in being restricted from driving on VA facilities.

6.4. Parking. Contractor vehicles will be parked only in lots or areas designated by the VA, if available. The Government will not be liable for any lost, stolen, or damage to vehicles or items. Contractor shall obey all distances from critical areas which are deemed by the VA or code. Continued violations could result in being restricted from driving on VA facilities.

6.5. Cellular Phone/Radio Use: Cellular phones and two-way radios are not to be used in emergency rooms, surgical and recovery suites, and within six feet of any medical equipment.

6.6. Smoking. Smoking is prohibited on VA property. Smoking on VA property could result in citations, which include monetary fines. Continued violations could result in removal from VA facilities.

6.7. Intoxicants. The Contractor shall not allow any employee to possess, sell, consume, or be under the influence of intoxicants, drugs, or substances that produce similar effects. The use of illegal drugs is prohibited on Federal property. Violators will be prosecuted.

6.8. Posted Signs: The Contractor shall comply will all posted signs on VA property.

6.9. Criminal Actions. Contractor, subcontractor, or contractor’s employees may be sanctioned for criminal actions, but not limited to the following:

6.9.1. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records.

6.9.2. Unauthorized use of Government property, theft, vandalism, or immoral conduct.

6.9.3. Unethical or improper use of official authority or credentials.

6.10. Removal of Personnel. The Government reserves the right to direct the Contractor to remove any employee from the work site for failure to comply with the standards of conduct or for safety/security violations.

7. CONTRACTING OFFICER REPRESENTATIVE:

7.1. The Contracting Officer Representative (COR) will be appointed by the Contracting Officer who will provide technical guidance and clarifications to the Contractor. It shall be noted that interpretation of contractual terms and/or financial matters is the responsibility of the Contracting Officer.

7.2. The COR will monitor the Contractors’ performance to ensure that services provided, and the standards of performance are met in accordance with this Performance Work Statement and the QAQC Plan. In accordance with FAR 52.212-4 (a) “Inspection/Acceptance” 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 non-conforming supplies or re-work of non-conforming services at no additional cost to the Government.

8. SECURITY:

8.1. Security Badge: Contractor and contractor’s employees shall obtain a flash badge / temporary badge from dispatch, VA police on arrival to any campus. The VA Issued Security badge shall be worn on the upper torso and be visible at all times.

8.2. Contractor’s Badge: Contractor, Subcontractors, employees, and representatives shall always have a company badge or identification visible. Contractor’s badge/identification shall be always visible.

8.3. Physical Security: The contractor shall be responsible for safeguarding their equipment while on government property government. Additionally, the contractor shall be responsible for any government equipment, information and property provided for contractor use. Contractor will NOT be provided a staging area for storage of tools, equipment, material, supplies, and other items. The Government will not be responsible for damage or loss of contractor’s property. Contractor is responsible for safeguarding its property.

8.4. OI&T Security: Office of Information and Technology (OI&T) certification and accreditation requirements do not apply for this service contract and therefore a Security Accreditation Package is not required. At no time will the vendor be in contact or have access to VA sensitive information, OI&T systems, or the VA OI&T network.

9. SAFETY:

9.1. In performance of this contract, the Contractor shall take such safety precautions as the Contractor Officer or his/her designee may determine to be reasonably necessary to protect both the lives and health of the occupants of the building and property. The Contractor Officer or his/her designee will notify the Contractor of any non-compliance. The Contractor shall, after receipt of such notice, immediately correct the condition to which attention has been directed.

9.2. Contractor shall comply with the Federal and State OSHA Blood Borne Pathogens Standard(s) and Airborne Infection Precautions. The Contractor shall ensure:

9.2.1. Methods are in place by which all employees are educated as to the risks associated with Blood Borne Pathogens and Infectious Airborne Diseases in Health Care facilities

9.2.2. Have policies and procedures in place which reduce the risk of employee exposure to Blood Borne Pathogens and Infectious Airborne Diseases

9.2.3. Have mechanisms for employee counseling and treatment following exposure to blood borne pathogens and Infectious Airborne Diseases.

9.2.4. Provide employees with appropriate personal protective equipment (PPE) and/or clothing such as gloves, caps, gowns, masks, and protective eyewear throughout the performance of this contract.

9.3. Supervision. The contractor shall arrange for satisfactory supervision of the contract work. The Contractor or his designee shall be available at all times, when the contract work is in progress, to receive notices, reports or requires from the Contracting Officer or his representative.

10. RECORDS: The contractor shall be responsible for creating and maintaining government required records that are specifically cited in this PWS or required by the Federal, State, and Local law and authorities. The contractor shall provide the original records or a reproducible copy of any such record upon request from the government at no additional cost. The cost of reproductions and delivery shall be the contractor’s responsibility. Only VACCHCS engineering department, COR, or CO shall have the authority to approve request and receive records. Contractor shall safeguard any and all information. Contractor shall inform CO and COR of any request made, which CO or COR will authorize or disapprove. Additionally, the following standard items relate to records generated in executing the contract:

10.1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

10.2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

10.3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records

10.4. 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 by the Freedom of Information Act

10.5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

10.6. The Government Agency owns the rights to all data/records produced as part of this contract.

10.7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

10.8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

10.9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its Contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10.10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

11. INVOICING: Contractor shall invoice in monthly increments or as established by the Contracting Officer in arears for work performed. Invoices will not be paid until all required deliverables have been received during the billing period. Invoices shall be submitted to the COR for review and approval prior to submission to Tungsten.

11.1. All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

11.2. VA’s Electronic Invoice Presentment and Payment System- The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submissions. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

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

11.4. Vendor e-Invoice Set-Up Information:

11.5. Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have questions about the e- invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

11.5.1. Tungsten e-Invoice Setup Information: 1-877-489-6135

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

11.5.3. FSC e-Invoice Contact Information: 1-877-353-9791

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

12. MODIFICATIONS:

12.1. Due to the ever growing and changing training and requirements, vendor to be able to accommodate modifications to contract to update training programs, add newly required training and/or training frequencies.

36C26127Q0017

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expiration.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before contract expiration.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause) C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of Clause)

C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device…