PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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

568-26-4-9010-0102

36C26326Q0825

6. SOLICITATION ISSUE DATE

7-30-2026

Justin Erdley None 08-13-2026 12pm MDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

X 100

X

541620

$19 Million

N/A

X

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

113 COMANCHE RD

FORT MEADE, SD 57741

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

RFQ for Asbestos Inspection and Periodic Surveillance Surveys to to support the VA Black Hills Health Care System.

See Statement of Work.

FAR 12.201-1 Simplified Procedures will be used.

The Government anticipates a Base with Two (2) Option Years.

100% total SDVOSB Set-Aside.

All questions must be received within 72 hours before date

Stipulated in block 8 of the SF1449. Email questions to

Justin.Erdley@va.gov.

This RFQ incorporates Service Contract Act Wage Determination

WD #2015-5377 and #2015-5367.

See CONTINUATION Page

568-3660162-9010-850300-2543 0100C10X1

X X

X 1

Traci Johannes

36C26326Q0825

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 VA SECURITY/PRIVACY LANGUAGE

B.4 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) - RECORDS

MANAGEMENT OBLIGATIONS

B.5 PRIVACY/HIPPA RIGHTS LANGUAGE REQUIREMENTS

B.6 PRICE/COST SCHEDULE

ITEM INFORMATION

B.7 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

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

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

C.3 52.217-8 OPTION TO EXTEND SERVICES ADDENDUM

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 21

C.5 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV

2025) (DEVIATION)

C.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

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

2014)

C.8 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.9 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.11 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Service Contract Act WD #2015-5377

D.2 Service Contract Act WD #2015-5367

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.212-2 EVALUATION-COMMERICAL ITEMS (JAN 1999)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

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:

[] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon 100% completion of all services

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

B.2 STATEMENT OF WORK

Facility Asbestos Inspection

VA Black Hills Health Care System

Fort Meade VAMC, Fort Meade, SD and Hot Springs VAMC, Hot Springs, SD

1. Scope of Work:

A. The service provider will complete a comprehensive asbestos survey and asbestos inventory of building materials for the Fort Meade VAMC, 113 Commanche Drive, Fort Meade, SD and Hot

Springs VAMC, 500 N. Fifth Street, Hot Springs, SD. The inspection and survey for asbestos will be conducted by accredited and licensed SD Department of Agriculture and Natural Resources

(SD DANR) asbestos building inspector(s) who will locate and identify homogeneous areas (HAs), identify asbestos content of HAs, quantify asbestos HAs, document location of asbestos HAs on floor plan drawings, assess the condition of HAs, assess the friability and risk of occupant exposure to existing asbestos materials, and provide cost estimates and priorities for damaged or compromised asbestos discovered during the inspections.

On Fort Meade’s campus, there are approximately 80 buildings. Total Building Square Footage is

844, 605 and these Estimates include:

• Quarters (or equivalent) – 141,744 SF

• National Guard – 120,648 SF

• Hospital Complex – 312,427 SF

On Hot Springs’s campus, there are approximately 40 buildings. Total Building Square Footage is

472,059 and the Estimates include:

• Quarters (or equivalent) – 47,059 SF

• Hospital Complex (Main Hospital and Support Buildings) – 425,000 SF

Furthermore, the service provider will follow Class IV OSHA procedures (29CFR 1926.1101) and label all existing, exposed, accessible asbestos containing building materials (ACBM) with labels conforming to that shown in Attachment A, every 6 feet of accessible thermal system insulation

(TSI) containing asbestos, and other surfacing asbestos containing material. Labels must be of such quality that they can be expected to remain adhered or legible for 20 years.

B. The survey and inventory for asbestos will be conducted in compliance with applicable local, state, and federal codes, rules, and regulations including the Asbestos Hazard Emergency

Response Act (AHERA), OSHA, title 29 Code of Federal Regulations 29(CFR) 1910.1001, 29

CFR 1926.1101, and the Asbestos School Hazard Abatement Reauthorization Act (ASHARA).

Laboratories employed for identification of asbestos in bulk samples must participate in the

National Institute of Standards and Technology (NIST), National Voluntary Accreditation Program

(NVLAP) and prove current proficiency for asbestos identification by polarized light microscopy.

Note for the purposes of this contract, any asbestos identified in a bulk sample equal to or above trace quantities shall be reported as “Positive- Asbestos Containing Material”.

C. Personnel conducting this asbestos survey will be AHERA-certified asbestos building inspectors and possess a current SD DANR state license. Contractor will furnish all services, materials, labor, insurance, personal protective equipment, training, tools and equipment for the inspection and assessment. Contractor will properly dispose of asbestos waste generated during the contract services, to include the laboratory work. Waste disposal records must be provided to the VA Medical Center Contracting Officer Representative.

D. The survey will assess all locations to include, but not limited to caulks, tile and mastics (all layers), rooms, basement, overhead spaces; pipe, ducts, chases, vaults, above suspended ceilings, etc. The survey report and inventory will detail the findings of all surveyed and sampled building material and HAs categorized by locations, asbestos content, quantity of asbestos HAs, location of asbestos HAs exhibited on floor plan drawings, condition of HAs, friability and risk of occupant exposure to existing asbestos materials, and cost estimates and priorities for damaged or compromised asbestos and suspect debris. The report will include recommendations for ACBM cleanup, repair and management to minimize risk to occupants. The deliverables to the VAMC include one electronic version of editable drawings indicating bulk sample locations and 2 sets of hard copy binders, with each containing the following information for each building (building section):

Building identity and description/age

Inspector names, company, address, and contact information

Copies of inspector Asbestos Building Inspector training

Certificate and applicable licenses

Asbestos sampling forms

Lab identity, contact information, and results

Spreadsheet with HA descriptions and information

(Quantity, description and color (i.e. mastic, black), location such as Building and Room Number, condition, friability)

Risk assessment forms

Cost estimates and priority for abatement

Floor plans

Each floor and location of samples with sample #s, showing negative (-) or positives (+), photos are each area sample area taken.

E. Required bulk samples shall be taken by the contractor as defined below. For the purpose of this inspection, all building materials shall be suspect. The contractor will attach asbestos danger labels to accessible ACBM as indicated above using Class IV asbestos procedures, since labeling will have potential for incidental asbestos exposure.

Comply with OSHA 26 CFR 1910.1001 Class IV procedures during application of asbestos labels.

TSI must be cleaned with high efficiency particulate air (HEPA) vacuums prior to warning label application. Sample locations must be clearly identified with a sample number.

F. The contractor will provide two (2) hard copies of the completed inventory binders (one binder

(or set of binders) per campus) per above, along with one (1) electronic copy as an editable excel workbook, including photos and drawings, with each floor having its own Excel worksheet.

Drawing of each Building’s floor plan showing sample locations and homogenous areas shall be provided in the final report. All sampled homogeneous areas shall be photographed. Color photos will be incorporated into the finished survey including the Excel spreadsheets. Photos shall be labeled as to homogenous area (by sample number), location, and type of material. Sample number shall be readable when viewed from photograph and sample location. All work shall be completed within 120 calendar days of the award. Escorts are required, and will be coordinated

(facility staff, and/or safety staff to support), on-station work to be conducted during business hours.

2. Contracting Officer’s Technical Representative (COTR):

The VA’s COR shall answer questions, arrange escort, and provide construction details, building schematics, past asbestos surveys*, inspections, and related files as needed for reference. The

COR will provide access to all building areas, as necessary. The VAMC Industrial Hygienists will ensure contract compliance through routine reviews of the contractor’s work, work products, and will field verify labeling meets the intent of the contract.

Past Asbestos Surveys:

• Baseline Asbestos Survey Report for Fort Meade VAMC, 1988

• Asbestos Management Plan 2009, with supplemental information and limited surveys from 2014 to the present.

Note: Any existing asbestos surveys provided shall be used “FOR REFERENCE ONLY” and shall not be a part of this new Inventory/Survey. If use for incorporation in a complete asbestos building survey is warranted, this should be in accordance with industry practice.

3. Submittal and Notices

After award but prior to field work, the contractor will meet with the COR and/or the VAMC

Asbestos Program Coordinators and at that time submit the following:

1) Provide a copy of State of SD DANR license cards for all employees who will perform work on this project. Specific and current credentials for asbestos building inspectors must be provided.

2) Asbestos hazard prevention plan documenting training, PPE, procedures, and controls to ensure field work (sampling and labeling) does not create an asbestos hazard. This plan is subject to the approval of the COR prior to initiating the field work. Note: Emissions, releases, or spills of asbestos created by the contractor during this work shall be remedied and resourced by the contractor and mitigated in accordance with federal and state asbestos regulations.

4. Inspection/Sampling/Evaluation Procedure

The contractor will:

1) Attend a pre-survey meeting prior to start of inspection/assessment to discuss/review the scope of work and performance criteria related to the scope of work including a site visit.

2) Inspect all areas to locate and identify suspected asbestos containing building materials and categorize the homogeneous areas. Collect photos as described above for inclusion in the final deliverables. Attempt to achieve access through the COR on all sampling missions. Note any areas that could not be inspected in the final report.

3) Determine the condition (friability) of suspected ACBM. Add appropriate signage to ACBM as discussed above using OSHA Class IV compliance/procedures.

4) Record the assessment of friable material into categories of damaged, significantly damaged, or no damage as defined by Federal Register 40 CFR 763.83.

5) Identify the appropriate management action to protect the health and safety of the building occupants.

6) Report the ACBM location, quantity, and status as well as requirements for labeling and training to comply with OSHA.

7) Comply with all other requirements of field work and deliverables described herein.

8) Ensuring a periodic surveillance survey (damage assessment) is performed every 6 months, as part of the Facility Asbestos O&M Plan, on ACM classifications designated in the survey as friable or with the potential for damage.

The Government anticipates a base with two option year contract. The Government’s desired start date for all work and service to begin in September or October 2026.

Base period will include full asbestos survey and 1st 6-month surveillance.

Option 1 includes recurring semiannual surveillance of two (2) 6-month surveillance.

Option 2 includes recurring semiannual surveillance of two (2) 6-month surveillance.

B. Bulk samples shall be taken and recorded by as follows:

1) For each suspect homogeneous area, collect bulk samples for analysis in accordance with 40

CFR 763.83 and OSHA 29 CFR 1910.1001. Inventory the locations of the homogeneous areas where samples were collected indicating the exact sample location. Narrative description and photographic evidence of each asbestos HA is required.

2) Sample costs shall be quoted on a per sample basis. The number of samples required will be based on the number of homogeneous areas, contractor experience and the representative contractor will consult with contractual representative on number and type of samples taken.

Some materials may be presumed to contain asbestos in accordance with AHERA/ASHARA.

3) Sample analysis shall be done by an NVLAP accredited laboratory.

4) Affix appropriate labels to all confirmed ACM, proximity to where sample was collected.

5. Equipment and Materials

A. All equipment or materials needed to complete the project will be supplied by the contractor, including ladders and PPE.

6. Decontamination of Contaminated Areas

A. The contractor will be responsible for the cost of decontamination of any areas that become contaminated as a direct result of their activity as described above. Disputed circumstances will be resolved by the contracting officer.

7. Asbestos Waste Disposal

A. The contractor will be responsible for disposal of any asbestos waste generated during the project.

B. Only an authorized disposal site shall be used in accordance with regulatory requirements of

NESHAP and SD DANR, if needed. A waste manifest will be submitted with closure documents when required.

C. The contractor will provide transportation and disposal manifest documentation to provide a chain of custody record of asbestos containing waste from the project site to the disposal site, when required.

Attachment A: Asbestos warning label required per OSHA 29CFR 1910.1001(j),(4),(i) to be placed on existing asbestos materials (if asbestos containing materials are already identified, assuring these labels are in good condition).

Size: 4 inches by 4 inches

B.3 VA SECURITY/PRIVACY LANGUAGE

1. GENERAL. This entire section applies to all acquisitions requiring any Information Security and

Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as

VA personnel regarding information and information system security and privacy.

B.4 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) -

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

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

B. Definitions

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

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

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

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle- TBD at time of award]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle- TBD at time of award]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

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

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

B.5 PRIVACY/HIPPA RIGHTS LANGUAGE REQUIREMENTS

1. The contractor shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

2. All contractors, subcontractors, and third-party servicers and associates working with

VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

3. The contractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

Veterans will be afforded all privacy rights provided by VHA Handbook 1605.01 with regards to VA data under the vendor’s custody or control.

4. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA.

5. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor or subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

6. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

7. The contractor agrees to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: the System of Records (SOR), and the design, development, or operation work that the contractor is to perform.

B.6 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB ______________ _______________

RE-BASELINE ASBESTOS SURVEY PRESENCE IN ALL

BUILDINGS ON FORT MEADE AND HOT SPRINGS

CAMPUSES.

PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services PRODUCT/SERVICE CODE: F107 - Environmental Systems Protection - Toxic and Hazardous Substance Analysis

LOCAL STOCK NUMBER: 1

1.00 JB _____________ ______________

1ST PERIODIC 6-MONTH SURVEILLANCE INSPECTION.

PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services PRODUCT/SERVICE CODE: F107 - Environmental Systems

2.00 JB _____________ ______________

OPTION FOR TWO 6-MONTH REEVALUATION/MONITORING

EVENTS FOR COMPLIANCE. SURVEILLANCE INSPECTION

(DAMAGE ASSESSMENT)

PRINCIPAL NAICS CODE: 541620 - Environmental Consulting

Services

2.00 JB _____________ ______________

OPTION FOR TWO 6-MONTH REEVALUATION/MONITORING

EVENTS FOR COMPLIANCE. SURVEILLANCE INSPECTION

(DAMAGE ASSESSMENT)

PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services

GRAND TOTAL ______________

B.7 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

ALL

CLINS

SHIP TO: VA Black Hills Health Care System Fort Meade, SD and Hot Springs, SD

ALL 9/30/2029

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT

2025)

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

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

Government must exercise its post acceptance rights—

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

and

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

Officer.

(5) Interest.

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

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the

Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES ADDENDUM

“Evaluations of Options" For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-

8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise.

This evaluation will not obligate the Government to exercise any option under FAR 52.217-8

(End of Addedum)

C.4 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 at least 5 calendar days before the contract expires; provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least 15 calendar 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 three (3) years.

(End of Clause)

C.5 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(NOV 2025) (DEVIATION)

(a) Equal opportunity clause. The Contractor must abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR)

22.1401-2(a)(1) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor must act as specified by the Director, Office of Federal Contract

Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

C.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

(a) During the term of this contract, the Contractor must post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the

National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice must be in conspicuous places in and about the

Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the

Contractor must also post the required notice electronically by displaying…