36C26326Q0150.docx

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

568-26-2-9006-0010 36C26326Q0150 11-20-2025 Joey Bloomer 515-699-5549 12-04-2025 17:00

CST

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

3600 30TH STREET, BUILDING 7M

DES MOINES IA 50310

X Y 238290 $22 Million N/A X 36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

3600 30TH STREET, BUILDING 7M

Des Moines IA 50310 36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

3600 30TH STREET, BUILDING 7M

DES MOINES IA 50310

DEPARTMENT OF VETERANS AFFAIRS

FMS-VA-2(101)

FINANCIAL SERVICES CENTER

PO BOX 149971

AUSTIN TX 78714-9971

See CONTINUATION Page Provide Elevator Maintenance and Repair Services In Accordance With The Statement Of Work And Price/Cost Schedule Below.

Review And Follow INSTRUCTIONS TO OFFERORS In Section E - E.1 Addendum to FAR 52.212-1.

Email ALL Required And Completed Documents To:

Joey Bloomer, joseph.bloomer@va.gov Wage Determinations Are Attached:

WD - 2015-5377 Rev29 7-8-25 Fall River County WD - 2015-5367 Rev29 7-8-25 Meade County See CONTINUATION Page X X X Joey Bloomer

VA-VHA-RPOC-2025-00046

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 36C263 Joey Bloomer

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

3600 30TH STREET, BUILDING 7M

DES MOINES IA 50310

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.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Provide Elevator Maintenance and Repair Services in accordance with the Statement of Work and Schedule.

Contract Period: Base POP Begin: 01-01-2026 POP End: 12-31-2026 PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Provide Elevator Maintenance and Repair Services in accordance with the Statement of Work and Schedule.

Contract Period: Option 1 POP Begin: 01-01-2027 POP End: 12-31-2027

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Provide Elevator Maintenance and Repair Services in accordance with the Statement of Work and Schedule.

Contract Period: Option 2 POP Begin: 01-01-2028 POP End: 12-31-2028

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Provide Elevator Maintenance and Repair Services in accordance with the Statement of Work and Schedule.

Contract Period: Option 3 POP Begin: 01-01-2029 POP End: 12-31-2029

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

Provide Elevator Maintenance and Repair Services in accordance with the Statement of Work and Schedule.

Contract Period: Option 4 POP Begin: 01-01-2030 POP End: 12-31-2030

PRODUCT/SERVICE CODE: J035 - Maintenance, Repair, and Rebuilding of Equipment - Service and Trade Equipment

B.3 STATEMENT OF WORK

Elevator Maintenance and Repair Service

Hot Springs VA Medical Center 500 N. 5th St.

Hot Springs, SD 57747

Fort Meade VA Medical Center 113 Comanche Rd.

Fort Meade, SD 57741

I. Statement of Purpose:

a. The purpose of this solicitation is to establish an annual services contract through a qualified, capable, regionally located Elevator Service Contractor to perform requirements for maintenance and repair of facility elevators at the Hot Springs VA Medical Center, Hot Springs, SD. Approved vendor agrees to administer the proposed objectives pursuant to the terms of this Statement of Work and in the proposal submitted by Department of Veterans Affairs, Black Hills Health Care System (VA BHHCS).

b. The purpose of this solicitation is to establish an annual services contract through a qualified, capable, regionally located Elevator Service Contractor to perform requirements for maintenance and repair of facility elevators at the Black Hills VA Fort Meade Medical Center, Fort Meade, SD. Approved vendor agrees to administer the proposed objectives pursuant to the terms of this Statement of Work and in the proposal submitted by Department of Veterans Affairs, Black Hills Health Care System (VA BHHCS).

II. Goals of the Agreement:

a. Contractor will provide full preventive maintenance service and emergency repair service quotes on the following elevators at VA Hot Springs:

1. Building 1 Passenger – Elevator #1 – Montgomery Serviced bi-weekly SN#CT41072, Automatic OH Traction, 4-stop

2. Building 53 Passenger/Freight – Elevator #6 – Montgomery Serviced bi-weekly SN#CT44221, Automatic OH Traction, 3-stop

3. Building 12 Passenger – Elevator #3 Serviced bi-weekly SN#CT45333, Automatic OH Traction, 5-stop, Motion Control

4. Building 12 Passenger – Elevator #5 – Montgomery Serviced bi-weekly SN#CT39203, Automatic OH Traction, 4-stop

5. Building 12 Passenger/Freight – Elevator #7 – Montgomery Serviced bi-weekly SN#CT40382, Automatic OH Traction, 6-stop, dual doors, Motion Control

6. Building 12 Dumbwaiter #DW1 – Matot Serviced monthly SN#25924

7. Building 2 Passenger/Freight – Elevator #2 – Dover Serviced monthly SN#E97367, Hydraulic, 4-stop, dual doors

8. Building 12 Passenger – Elevator #4 Serviced monthly SN#E29807, Hydraulic, 2-stop, Motion Control

9. Building 11 Passenger – Elevator #8 – Dover Serviced monthly SN#EF5389, Hydraulic, 2-stop

10. Building 4 Passenger – Elevator #9 – IMO Serviced monthly SN#119634-17, NHP1305, Hydraulic, 3-stop

b. Contractor will provide full preventive maintenance service and emergency repair service quotes on the following elevators at VA Ft. Meade:

1. Building 113 Passenger – Elevator #1 – Montgomery Serviced bi-weekly SN#3108038, Automatic OH Traction, 3-Stop

2. Building 113 Service – Elevator #2 – Montgomery Serviced bi-weekly SN#3108035, Automatic OH Traction, 3-stop

3. Building 145 Passenger –Elevator#3 - Montgomery Serviced bi-weekly SN#CT- 46035, Automatic OH Traction, 3-stop

4. Building 145 Service – Elevator #4 – Montgomery Serviced bi-weekly SN#CT- 46036, Automatic OH Traction, 3-stop

5. Building 113 Passenger – Elevator #S-1 – Minnesota Elevator Serviced monthly SN# NHP124900, Hydraulic, 2-stop

6. Building 113 Passenger – Elevator #C-2 – Minnesota Elevator Serviced monthly SN# NHP124899, Hydraulic, 3-stop

7. Building 46 Freight – Elevator #5 – Otis Serviced monthly SN#130889, cable, 2-stop

c. VA Hot Springs Elevators identified as numbers 1, 3, 5, 6 and 7 are cable-traction type and are to be serviced bi-weekly.

d. VA Hot Springs Elevators identified as numbers 2, 4, 8, and 9 are hydraulic type and are to be serviced monthly. Dumbwaiter DW1 is to be serviced monthly.

e. Fort Meade Elevators identified as numbers 1, 2, 3 and 4 are cable-traction type and are to be serviced bi-weekly.

f. Fort Meade Elevators identified as numbers S-1 and C-2 are hydraulic type and are to be serviced monthly. Otis freight elevator is to be serviced monthly.

III. Requirements:

1. Contract requirement is for one Base Year and four Option Years which may be exercised by the Government.

2. Contractor will provide, along with bid package, proof of current service mechanics certification issued by the International Union Elevator Constructors.

3. Contractor will provide, along with bid package, the name and telephone number of service technician who will be performing this contract work. Also provide a resume of service technician, along with experience of working on various manufacturers’ equipment.

4. Contractor shall provide bi-weekly full maintenance inspections of cable-type elevators (26 total routine maintenance visits). Contractor will provide monthly full maintenance inspections of the hydraulic elevators (total of 12 routine maintenance visits). Routine maintenance will be made during the medical center’s regular hours, Monday through Friday from 7:30am to 4:30pm.

5. Contractor shall notify and sign-in at the VA Facilities Management Office at each site prior to commencement of providing services. Contractor shall utilize a written or an electronic service receipt to record each visit. This receipt will indicate date, hours on site, technician name, type of service and the elevators that were serviced. The receipt will be signed by the Maintenance Supervisor or the Engineering Manager. A copy will be provided to the VA on the date of service.

6. Contractor shall provide a quarterly summary of routine maintenance and review with the Maintenance Supervisor. The VA representative will sign receipts to indicate that the Contractor was present; this does not represent any sort of inspection of workmanship on the part of the VA. The VA will hire an independent elevator inspector for that purpose.

7. Contractor shall clean, adjust and lubricate the equipment and determine the nature and extent of any maintenance required to restore the elevators to satisfactory service and, if conditions warrant, furnish and install parts as noted herein. All equipment, materials and installation will conform to the American National Standard Code for Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI, A17.1-1978, or latest adopted edition, and the American Standard practice for inspection of Elevators, Inspectors Manual, A1 1.2-1979 or latest adopted edition.

8. Contractor shall clean, lubricate and adjust motors, generators, controllers, relay panels, selectors, leveling devices, operating devices, switches, on car and in hoistway, hoistway door and car door or gate operating devices, interlocks and contacts, guide shoes, guide grooves in hoistway and car door sills, hangers for all doors, and car doors, signal systems, car safety devices, sensor strips, governors, tension frames and sheaves in pit. Hoist motor generator brushes will be checked for wear at least every month. Accumulated carbon dust will be removed from commutators, brush rigs, and windings at the same time.

9. Contractor shall clean guide rails, overhead sheaves and beams, counterweight frames, tops of cars, machine room floors and elevator shaft pits at least once per month. A complete cleaning of the entire installation including all machine room equipment, hoistway equipment, machine room floors and walls, hoistway walls, supporting structures, etc., will be accomplished once per year.

10. Contractor shall lubricate all sheave, machine and motor bearings and hoist ropes/cables and refill as necessary.

11. Contractor shall examine all hoisting ropes/cables and equalize the tension whenever necessary to ensure maintenance of adequate safety factors. Contractor will replace hoisting ropes/cables and governor ropes/cables as required. The exterior of the machinery and any other parts of the equipment subject to rust will be kept properly painted and presentable. The guides will be kept free of rust. Guide shoe rollers and gibs will be renewed as required to insure smooth and satisfactory operation. All electrical wiring and conductors extending to elevators and dumbwaiters from circuit breakers or main lines switches in machine rooms and from outlets in hoistways, will be repaired and/or replaced when required. Circuit breakers or main line switches, together with fuses for same, are excluded.

12. Contractor shall furnish all lubricants, hydraulic fluid, cleaning supplies and tools necessary to perform the work described herein. All lubricants will be recommended by the manufacturer of the individual equipment.

13. Contractor shall furnish and install or repair when necessary, traction machines, motor generators, controllers, selectors, worm gears, thrusts, control fuses, windings, commutators, circuits, magnet frames, relays, contactors, cams, car door and hoistway door hangers, tracks and door gibs, door operating devices, interlocks and contacts, safety devices, governors, push buttons, annunciators, lamp replacement in signal systems, and all other elevator signal and accessory equipment. All parts will be of the original manufacturer’s design and specification, or equal to.

14. Contractor shall not supply and replace fluorescent lamps for car light fixtures. Contractor will not supply and replace floor covering on elevator car platforms, make renewals or repairs necessitated by reasons of negligence or misuse of the equipment by persons other than the Contractor or its representatives for any other reason beyond the contractors control, except normal wear and tear; install new attachments as may be recommended or directed by inspection firms or by Federal, State, Municipal or other Government authorities.

IV. Routine Maintenance Services:

1. Contractor will provide a minimum of one (1) hour service on each elevator during each scheduled routine maintenance visit. Time spent on callback service and at the semi-annual inspections does not qualify as time required for scheduled maintenance.

2. Contractor will report to the Maintenance Supervisor or the Engineering Program Manager, or his designee, at the completion of each service, provide a written or electronic receipt of services performed and sign out in the designated logbook. These reports will advise the government of any repair part required which is not covered under this contract. The VA will provide a logbook in each elevator room for the Contractor to provide detailed and legibly written maintenance and callback actions.

3. Contractor will maintain a complete, orderly and chronological file including drawings, complete parts lists and copies of all reports as required by those specifications. The Contractor will maintain a record of all callbacks and repairs. Record will indicate any difficulty experienced and the corrective measures taken to eliminate the difficulties. The file will be available for inspection upon request and a copy furnished to each of the VA Black Hills Health Care System’s sites quarterly.

4. Contractor will provide all labor, materials and equipment for the performance-based maintenance and repair of cable type elevators at Hot Springs and Fort Meade (Sturgis) VA Medical Centers in accordance with specifications included in this scope of work.

5. Contractor will provide all labor, materials and equipment for the performance-based maintenance and repair of hydraulic type elevators at Hot Springs and Fort Meade (Sturgis) VA Medical Centers in accordance with specifications included in this scope of work.

V. Call Back Service for Emergency and Non-Emergency Repairs:

1. Contractor will provide a four-hour response time for call back service from the time a call for service is made by the Contracting Officer, Facilities Management Officer or their designees. Contractor will be on site within this four-hour time frame, unless the situation isn’t considered an emergency, and another mutually agreed upon time will meet the government’s needs.

2. This callback service will be provided 24 hours a day, 7 days a week. The first two hours of on-site emergency callback service is included in the contract. Any time spent beyond the first two hours the government will pay the additional hours. Contractor will specify in the bid package the hourly rate Contractor will charge beyond the first two hours of on-site visit.

a. VA Hot Springs elevators 2, 3 and 7 will be covered under the 24-hours a day, seven days per week callback requirement.

b. VA Hot Springs elevators 1, 4, 5, 6, 8, 9 and dumbwaiter #DW1 will be covered under a callback time of Monday through Friday during regular working hours, government holidays excluded.

c. VA Fort Meade passenger elevator #1 located in Building 113 will be covered under the 24-hours a day, seven days per week callback requirement.

d. VA Fort Meade service elevator #2 located in Building 113 will be covered under the 24-hours a day, seven days per week callback requirement.

e. VA Fort Meade passenger elevator #3 located in Building 145 will be covered under a callback time of Monday through Friday during regular working hours, government holidays excluded.

f. VA Fort Meade passenger elevators #S-1 and #C-2 located in Building 113 will be covered under a callback time of Monday through Friday during regular working hours, government holidays excluded.

g. VA Fort Meade service elevators #4 and #5, located in Buildings 145 and 46 will be covered under a callback time of Monday through Friday during regular working hours, government holidays excluded.

3. The Contractor must be able to properly troubleshoot and diagnose all aspects of elevator system failures. The Contractor shall provide all labor, materials and equipment for the emergency callback services for all elevators at the Hot Springs and Fort Meade (Sturgis) VA Medical Centers, if the supplied quote is selected, and in accordance with specifications included in this scope of work.

4. The Contractor will submit a written plan of action to the Contracting Officer whenever unresolved problems occur three times on the same elevator. Whenever the same problem recurs on the same elevator three times, the VA requires an analysis of the corrective action required to resolve the problem.

5. When elevator systems fail, the technician’s Supervisor shall provide the BLACK HILLS HCS with a written statement and itemized quote assessing the elevator system failure and that they have verified the elevator system has been properly diagnosed and concur with the technician’s assessment.

6. The VA reserves the right to enlist a third-party expert to provide a 2nd opinion. It is the responsibility of the Contractor to reassess their proposed repairs and either reaffirm or correct their proposal based on the expert’s notes. The reassessment shall include at a minimum, a substantive analysis of the third-party expert’s points that contradict the Contractor’s original conclusion. This reassessment shall be submitted within 5 business days of receipt of the third-party expert’s opinion.

VI. Semi-Annual and Annual Testing:

1. Contractor shall provide all labor and materials for participating in the semi-annual 3rd Party elevator inspections at the Hot Springs and Fort Meade VA Medical Centers in accordance with attached specifications, to include schedules for performance of the Category 1 annual no-load testing and Category 5 full load testing as required. Contractor will be present with the equipment to perform the scheduled testing in coordination with the 3rd Party elevator inspection timeframe. The government will inform Contractor in advance of the scheduled inspection for planning available manpower.

2. Contractor will test, tag and seal all hydraulic elevators annually at “No Load” for bypass pressure. All cable type elevators will be tested, tagged and sealed annually at “No Load”. All cable type elevators will be tested every five years at “Full Load”.

3. Inspection deficiencies that are found to be within the contract agreement terms shall all be corrected by the Contractor within six months after semi-annual inspection.

4. Contractor shall work with the VA Fire Departments at both VA BHHCS facilities to conduct an annual smoke alarm test for each Elevator. Contractor will contact the VA Fire Department to schedule the smoke testing. At time of testing, the Contractor will call the Firefighter on standby to communicate the start of the test. Contractor will set off the smoke test with VA Firefighter acknowledging that the alarm was received at the alarm panel for the Elevator location. A copy of the testing completion document, containing the Elevator number, building location, signed and dated will be provided to the VA Contracting Officers Representative (COR) for record.

36C26326Q0150

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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, rules and regulations applicable to its performance under this contract.

(r) 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; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) 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 Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(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 (u)(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.

(v) 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 1 Day of 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 1 Day of Contract Expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 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 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.