36C26326Q0096.pdf
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- Attached to
- J046--Critical Water Systems Maint Federal contract opportunity
- Solicitation number
- 36C26326Q0096
About this file
This is a Solicitation/Contract/Order (Standard Form 1449) for commercial products and services issued by the Department of Veterans Affairs Network Contracting Office 23 for the Minneapolis VA Health Care System. The solicitation number is 36C26326Q0096, issued on February 23, 2026, with an offer due date of March 6, 2026 at 12:00 PM Central Time. The contract is unrestricted and valued at $41 million. The contracting officer is Cameron Rick (651-293-3036), and inquiries should be submitted via email to cameron.rick@va.gov by March 3, 2026, with responses to be posted as amendments.
The Statement of Work requires the contractor to provide continuous maintenance and servicing of Critical Water Systems (Reverse Osmosis and Deionized water supply) for the Sterilizing Processing Services and Laboratory departments at four locations in Building 70 and Building 49. Services include monthly system inspections with water quality testing (hardness, pH, conductivity, alkalinity), monthly RO pre-filter replacement, monthly endotoxin (LAL) and bacteria (HPC) testing on critical water samples, quarterly utility water testing, quarterly steam condensate testing, semi-annual post-filter replacement, annual vent filter inspection, annual UV light bulb replacement, annual endotoxin filter replacement, and quarterly critical water loop disinfection using ozone or chemical methods. The contractor must comply with ANSI/AAMI ST 108:2023 standards. All procedures, testing, and inspections must follow the most current regulations. Monthly system inspections are anticipated during Monday through Friday, 6:00 AM to 4:00 PM, while critical water loop disinfections are typically performed on Sundays from 6:00 AM until completion, coordinated with the SPS Supervisor. The base contract period runs from March 15, 2026 to March 14, 2027, with four one-year options. Invoices are to be submitted monthly and all test results must be provided within seven calendar days of sampling. All contractor employees must complete security badging requirements and Rules of Behavior training, with documents submitted within 10 days of award.
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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
36C26326Q0096 02-23-2026
Cameron Rick 651-293-3036 03-06-2026
12:00pm CST
36C263
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
316 ROBERT STREET N, SUITE 506
SAINT PAUL MN 55101
X
221310
$41 Million
N/A
X
36C618
DEPARTMENT OF VETERANS AFFAIRS
Minneapolis VAMC
1 Veterans Dr.
Minneapolis MN 55417
36C263
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
316 ROBERT STREET N, SUITE 506
SAINT PAUL MN 55101
Y
DEPARTMENT OF VETERANS AFFAIRS
FINANCIAL SERVICES CENTER
PO BOX 149971
AUSTIN TX 78714-9971
See CONTINUATION Page
This solicitation is to provide services to the
Minneapolis VA Health Care System.
See SOW for Critical Water System Service.
Note block 30 - This document must be signed and returned in order to be considered. Email all required and completed documents to: cameron.rick@va.gov.
Submit questions via email by 12:00PM Central, March 03, 2026.
**No telephonic questions will be accepted.**
Responses to questions will be posted as an amendment to the solicitation.
Solicitation will close at 12:00PM Central on
March 06, 2025.
See CONTINUATION Page
X X
X 1
Cameron Rick
Contracting Officer
36C26326Q0096
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
STATEMENT OF WORK
Quality Assurance Surveillance Plan
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...39
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.6 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)
C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
See attached document: Wage Determination - Mpls
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
ITEMS
E.2 52.212-2 Evaluation—Commercial Products and Commercial Services (October
2025)
E.3 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.5 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)
(DEVIATION)
E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.8 52.233-2 SERVICE OF PROTEST (DEVIATION NOV 2025)
E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION
FEB 2025)
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 36C263 Cameron Rick
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 23
316 ROBERT STREET N, SUITE 506
SAINT PAUL MN 55101
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[X] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Monthly
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment
Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
STATEMENT OF WORK
1. Introduction:
a. The Minneapolis VA Health Care System (MVAHCS) requires a continuous supply of Critical Water (Reverse Osmosis and Deionized (RO/DI)) supply for the
Sterilizing Processing Services (SPS) and Laboratory (LAB) departments.
2. Scope of Work:
a. Contractor is responsible for providing all tools, materials, equipment, labor required for servicing and maintaining the Critical Water Systems and applicable water/steam tests in the following areas:
• Bldg 70 Room BA101 – Lab/SPS (RO/DI)
• Bldg 70 Room 3P127 – Research (DI)
• Bldg 70 Room 4Q127 – Research (DI)
• Bldg 49 Room 228A – Research (DI)
b. All procedures, testing and inspections will be in compliant with ANSI/AAMI ST
108 :2023 or the most current regulation.
c. Contractor will remove and install 8 Carbon tanks and 8 Mixed Bed tanks on the first business day of the base year contract unless contractor is the incumbent. Mixed bed and carbon tanks are the property of the current contractor. Carbon and Mixed Bed tanks’ capacity will be 3.6 cubic feet.
d. Contractor shall perform the following services at the prescribed intervals listed in the table below:
Line Item
Description Service interval
Month
Month
Month
Month
Month
Month
Month
Month
Month
Month
Month
Month
System inspection:
Monthly 1 1 1 1 1 1 1 1 1 1 1 1
Replace RO
Pre Filter Monthly 1 1 1 1 1 1 1 1 1 1 1 1
Endotoxin
(LAL)
Water Test
Critical
Water
Monthly 50 50 50 50 50 50 50 50 50 50 50 50
Bacteria
Water Test
(HPC)
Monthly 50 50 50 50 50 50 50 50 50 50 50 50
Critical
Water
Bacteria
Water Test
(HPC)
Utility
Water
Quarterly 30 30 30 30
Replace
Post Filter
(0.2 Micron filter)
Semi-
Annual 1 1
Steam
Condensate
Testing
Quarterly 1 1 1 1
Inspect &
Replace
Vent Filters
(.45
Micron)
Annually 1
Service UV light -
Replace UV
Bulb and quartz sleeve
Annually 2
Replace
Endotoxin filters 20"
Endotoxin filter micron 20"
.2 annually 7
Critical water Loop
Disinfection
(Lab/SPS)
After hour rate.
Quarterly 1 1 1 1
Emergency critical water Loop
Disinfection
(Lab/SPS)
After hour rate.
As needed
Replace
Mixed Bed
Tanks when depleted.
3.6 cuft
Replace
Carbon
Tanks when depleted 3.6 cuft
Note: Critical water tests results will utilize the units of measure established in
Table 2 of ANSI/AAMI ST108:2023 or most current edition.
e. Carbon Tanks and Mixed Bed tanks shall only be exchanged as they become depleted.
f. As part of the monthly system inspections, Contractor will test water for Hardness, PH, Conductivity and Alkalinity. These readings shall be annotated on the monthly service report. Reports will utilize the units of measure established in ST108 Table 2.
Copy of the service report will be left in room BA101 of the MVAHCS.
g. Water and Steam testing: Water and steam samples will be drawn from designated points of use (POU) in SPS and LAB. Samples will be drawn on the first workday of each month. Results shall be provided to the COR and SPS supervisor within 7 calendar days of when samples were drawn. HPC and endotoxin samples must be tested by an accredited laboratory. Contractor will only invoice for number and type of samples drawn and tested each month.
h. Critical Water and Steam testing intervals and type will be conducted as outlined below:
Monthly Critical water testing includes:
• PH – Power of Hydrogen (acidity/alkaline)
• Conductivity
• Total alkalinity
• Hardness
• Heterotrophic Plate Count Point of Use (POU)
• Endotoxin – Limulus Amebocyte Lysate (POU)
Quarterly Utility Water Test includes:
• Conductivity
• Total alkalinity
• Hardness
• Heterotrophic Plate Count (POU)
Quarterly Steam Condensate Quality test:
• Conductivity
• Total alkalinity
• Hardness
i. Contractor shall perform Critical water loop disinfection on a Quarterly basis using
“Ozone Disinfection” process as the primary means. Chemical disinfection will be the secondary means. These Loops provide critical water to SPS and Lab. Water samples shall be drawn within 24-48 hours of this service.
j. Contractor shall perform additional critical water loop disinfections if water samples are not within the limits of ANSI/AAMI ST108. Water samples shall be drawn within
24-48 hours after this service. Results shall be provided within 7 calendar days.
3. Working hours:
a. Anticipated hours of work for monthly inspections will be Monday through Friday from 6:00 am – 4:00 pm. Additional hours must be coordinated through the COR.
Critical water loop disinfections are typically performed on Sundays from 6:00 am until complete. Mission may dictate other days and time. This must be coordinated with the SPS Supervisor, otherwise, work will not be performed on weekends or on federal holidays unless there is an emergency.
Observed Federal Holidays:
New Year’s Day Martin Luther King, Jr.’s Birthday
Washington’s Birthday Memorial Day
Juneteenth Independence Day
Labor Day Columbus Day
Veteran’s Day Thanksgiving Day
Christmas Day
4. Deliverables:
a. Service Reports due after the performance of each service list.
b. Monthly Critical Water Test Results within 7 calendar days
c. Quarterly Utility Water Test Results within 7 calendar days
d. Steam Test Results within 7 calendar days
e. Water testing facilities Accreditation Certification
5. Invoicing
a. Invoices will be submitted monthly. Invoices shall provide an itemized list of services and water tests performed during that month. Line-item numbers shall correlate to the services provided.
6. References:
ANSI/AAMI ST108 (2023 or most current edition)
7. Safety:
a. Contractors are responsible for maintaining a safe working environment for their employees as well as the MVAHCS Staff. Work areas will be kept clean throughout the day, and all contractor generated trash and demolished materials are to be properly disposed of daily.
b. Additional PPE will be required when entering the SPS Department. This PPE will be provided by MVAHCS.
8. Security:
a. Contractor’s employees will utilize a temporary vendor’s security badge until a permanent security PIV badge can be issued. Temporary badge use will not exceed 30 calendar days
b. The Contractor shall comply with Minneapolis VA security, access and badging requirements. Employees must provide fingerprints and be able to pass a background check so they can obtain Security access badge. Employees must complete web-based Rules of Behavior training.
c. All employees will need a valid personal email account. This email will be used to correspond with the security office to update and inform employees how to obtain their security badges. Fingerprint scheduling/appointments, background investigation tasks and Training Management System (TMS) required classes notifications will be sent to their email address throughout the process.
d. The Contractor shall submit all required security badging documents for each employee. The OF 306 must be typed and all other documents must be legible. The following documents will be sent to contractor via email within 5 business of the award date of the contract.
• OF 306- Must be Typed. Handwritten will not be acceptable.
• Self-Certification
• VA 10-2417
• Employee Fingerprint Resource Form
e. Contractor shall return these completed documents within 10 days of the award date of the contract. These documents can be emailed or hand delivered to room BR138 at the MVAHCS.
END
Quality Assurance Surveillance Plan
For: Critical Water Supply Maintenance Services
Contract / Order Number:
Contract Description: Maintenance of Critical Water (Reverse Osmosis and Deionized
(RO/DI)) water supply system for the Sterilizing Processing Services (SPS) and Laboratory
(LAB) departments
Contractor’s name: (hereafter referred to as the contractor).
1. PURPOSE
This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:
• What will be monitored.
• How monitoring will take place.
• Who will conduct the monitoring.
• How monitoring efforts and results will be documented.
This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.
This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.
2. GOVERNMENT ROLES AND RESPONSIBILITIES
The following personnel shall oversee and coordinate surveillance activities.
a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.
Assigned CO: Cameron Rick
Organization or Agency: Department of Veterans Affairs
b. Contracting Officer’s Technical Representative (COTR) - The COTR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COTR shall keep a quality assurance file. The COTR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.
Assigned COTR: Carl Berning
3. CONTRACTOR REPRESENTATIVES
The following employees of the contractor serve as the contractor’s program manager for this contract.
a. Program Manager – Identified upon order award.
b. Other Contractor Personnel - Identified upon order award.
4. PERFORMANCE STANDARDS
Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.
The Performance Requirements Summary Matrix, below, includes performance standards.
The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).
Task ID Task Standard
Acceptable
Quality
Level
Method of
Surveillance Incentive
Preventative
Maintenance
Preventative maintenance is conducted to standards
Preventative maintenance performed in accordance with maintenance schedule.
100%
Observation and random inspection
(auditing)
Exercise of
Option
Period and positive past performance
CPARS
rating
Preventative maintenance is conducted to standards
All preventative maintenance tasks performed
100%
Observation and random inspection
(auditing)
Exercise of
Option
Period and positive past performance
CPARS
rating
Service
Report
Provide
Service
Reports to facility POCs after each episode of maintenance, scheduled or unscheduled
Reports provided within 24 hours after maintenance is performed
90%
Observation and random inspection
(auditing)
Exercise of
Option
Period and positive past performance
CPARS
rating
Task ID Task Standard
Acceptable
Quality
Level
Method of
Surveillance Incentive
Water Test
Results
Provide water test results in accordance with the schedule
Test results provided within 7 calendar days of when samples are drawn
95%
Observation and random inspection
(auditing)
Exercise of
Option
Period and positive past performance
CPARS
rating
5. INCENTIVES
The Government shall use Exercise of Option Period and positive past performance CPARS rating as incentives. Incentives shall be based on exceeding, meeting, or not meeting performance standards.
6. METHODS OF QA SURVEILLANCE
Various methods exist to monitor performance. The COTR shall use the surveillance methods listed below in the administration of this QASP.
a. DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance.)
Task IDs 1-4
b. PERIODIC INSPECTION. (Evaluates outcomes on a periodic basis. Inspections may be scheduled [Daily, Weekly, Monthly, Quarterly, or annually] or unscheduled, as required.)
Task IDs 1-4
8. RATINGS
Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used: Direct reporting from facility POCs on if the contractor exceeds, meets, or does not meet the standard.
9. DOCUMENTING PERFORMANCE
a. ACCEPTABLE PERFORMANCE
The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.
b. UNACCEPTABLE PERFORMANCE
When unacceptable performance occurs, the COTR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the
COTR shall document the discussion and place it in the COTR file.
When the COTR determines formal written communication is required, the COTR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's program manager.
The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COTR. The
Government shall review the contractor's corrective action plan to determine acceptability.
Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.
10. FREQUENCY OF MEASUREMENT
a. Frequency of Measurement.
During contract performance, the COTR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.
b. Frequency of Performance Assessment Meetings.
The COTR shall meet with the contractor yearly at a minimum to assess performance and shall provide a written assessment if requested.
Signature – Contractor Program Manager
Signature – Contracting Officer’s Technical Representative
ADDENDUM
PERFORMANCE REQUIREMENTS SUMMARY MATRIX
1. CPAR RATINGS ASSIGNED TO QASP ITEMS:
Metrics and methods are designed to determine rating for a given standard and acceptable quality level. The following ratings shall be used for CPARS ratings:
EXCEPTIONAL: Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.
VERY GOOD:
Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.
SATISFACTORY:
Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
MARGINAL:
Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.
UNSATISFACTORY:
Performance does not meet most contractual requirements, and recovery is not likely in a timely manner. The contractual performance of the element or sub-element being assessed contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBE
R
DESCRIPTION OF
SUPPLIES/SERVI
CES
QUANTI
TY
UNI
T UNIT PRICE AMOUNT
12.00 EA _______________
System Inspection: Includes PH and Hardness Water Testing Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and
Sewage Treatment Equipment
Replace RO Pre Filter Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair,
600.00 EA _______________
Endotoxin (LAL) Water Test: Critical Water Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Bacteria Water Test (HPC): Critical Water Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair,
120.00 EA _______________
Bacteria Water Test (HPC): Utility Water Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems
2.00 EA _______________
Replace Post Filter: 0.2 Micron Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair,
4.00 EA _______________
Steam Condensate Testing Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair,
1.00 EA _______________
Replace Vent Filters: .45 Micron Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Service UV Light: Replace UV Bulb and Quartz Sleeve Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and
7.00 EA _______________
Replace Endotoxin Filter: .2 micron, 20" Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Disinfect Critical Water Loop (Lab/SPS): After Hour Rate Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Emergency Disinfect Critical Water Loop (Lab/SPS): After Hour Rate (as needed) Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair,
24.00 EA _______________
Replace Mixed Bed Tanks (as needed) Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027
Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair,
18.00 EA _______________
Replace Carbon Tanks (as needed) Contract Period: Base POP Begin: 03-15-2026 POP End: 03-14-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, System Inspection: Includes PH and Hardness Water Testing Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace RO Pre Filter Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Endotoxin (LAL) Water Test: Critical Water Contract Period: Option 1
POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Bacteria Water Test (HPC): Critical Water Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Bacteria Water Test (HPC): Utility Water Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Post Filter: 0.2 Micron Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Steam Condensate Testing Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Vent Filters: .45 Micron Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Service UV Light: Replace UV Bulb and Quartz Sleeve Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Endotoxin Filter: .2 micron, 20" Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Disinfect Critical Water Loop (Lab/SPS): After Hour Rate Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Emergency Disinfect Critical Water Loop (Lab/SPS): After Hour Rate (as needed) Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Mixed Bed Tanks (as needed) Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Carbon Tanks (as needed) Contract Period: Option 1 POP Begin: 03-15-2027 POP End: 03-14-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems
System Inspection: Includes PH and Hardness Water Testing Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace RO Pre Filter Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Endotoxin (LAL) Water Test: Critical Water Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Bacteria Water Test (HPC): Critical Water Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029
Bacteria Water Test (HPC): Utility Water Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Post Filter: 0.2 Micron Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Steam Condensate Testing Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Vent Filters: .45 Micron Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029
PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Service UV Light: Replace UV Bulb and Quartz Sleeve Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Endotoxin Filter: .2 micron, 20" Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Disinfect Critical Water Loop (Lab/SPS): After Hour Rate Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Emergency Disinfect Critical Water Loop (Lab/SPS): After Hour Rate (as needed) Contract Period: Option 2 POP Begin: 03-15-2028
POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Mixed Bed Tanks (as needed) Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Carbon Tanks (as needed) Contract Period: Option 2 POP Begin: 03-15-2028 POP End: 03-14-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, System Inspection: Includes PH and Hardness Water Testing Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace RO Pre Filter Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Endotoxin (LAL) Water Test: Critical Water Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Bacteria Water Test (HPC): Critical Water Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Bacteria Water Test (HPC): Utility Water Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Post Filter: 0.2 Micron Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Steam Condensate Testing Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Vent Filters: .45 Micron Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Service UV Light: Replace UV Bulb and Quartz Sleeve Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems
Replace Endotoxin Filter: .2 micron, 20" Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Disinfect Critical Water Loop (Lab/SPS): After Hour Rate Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Emergency Disinfect Critical Water Loop (Lab/SPS): After Hour Rate (as needed) Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Mixed Bed Tanks (as needed) Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030
Replace Carbon Tanks (as needed) Contract Period: Option 3 POP Begin: 03-15-2029 POP End: 03-14-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, System Inspection: Includes PH and Hardness Water Testing Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace RO Pre Filter Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Endotoxin (LAL) Water Test: Critical Water Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031
Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Bacteria Water Test (HPC): Critical Water Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Bacteria Water Test (HPC): Utility Water Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Post Filter: 0.2 Micron Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Steam Condensate Testing Contract Period: Option 4
POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Vent Filters: .45 Micron Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Service UV Light: Replace UV Bulb and Quartz Sleeve Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Endotoxin Filter: .2 micron, 20" Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Disinfect Critical Water Loop (Lab/SPS): After Hour Rate Contract Period: Option 4
POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Emergency Disinfect Critical Water Loop (Lab/SPS): After Hour Rate (as needed) Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Mixed Bed Tanks (as needed) Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, Replace Carbon Tanks (as needed) Contract Period: Option 4 POP Begin: 03-15-2030 POP End: 03-14-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, GRAND TOTAL _______________
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) 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.
(b) 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.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) 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 at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(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 such as, 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. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the
Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by
Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-
5(b) for the appropriate EFT clause.
(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) 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; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) 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 33.211 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 32.607-2).
(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 default termination.
(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 prescribed in FAR 32.608-2 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 hereunder 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. 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 hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders,…
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