RFQ 36C26026Q0940 - Attachment.pdf

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

648-27-1-027-0001

36C26026Q0940 09/01/2026

Peter Park 360-553-7631 09/08/2026

3:00PM PDT

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X

541611

$24.5 Million

NET 30

N/A

36C648

Department of Veterans Affairs Portland VA Medical Center 3710 Southwest US Veterans Hospital Road

Portland OR 97239

36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

This RFQ is for patient and nurse satisfaction data, analytics, indicators and solutions required by ANCC Magnet Re-designation. Vendor must already be approved by ANCC as an NDNQI provider. Non-NDNQI providers will not be considered.

Provide the following by the deadline for a valid quote:

- Completed & signed SF1449 (This document)

- Completed quote on Price/Cost Schedule in B.2

- Any other documents requested in the Evaluation Section E.2

- Company SAM UEI#, address, POC name, email and phone number

- Information on whether your company is an ANCC approved NDNQI provider and you can perform the Statement of Work.

Submit your quote to Peter.Park2@va.gov.

52.232-18 Availability of Funds (APR 1984) applies to this RFQ

See CONTINUATION Page

648-3670160-027-824100-2580 010024195

Peter Park

VA-VHA-RPOW-2025-0039

36C26026Q0940

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 20

C.5 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

C.6 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.7 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.8 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Patient Experience Program - including the listed service lines, comment analytics, on demand advisory support and application support. 15,000 paper & unlimited eSurvey (email/text). See Statement of Work for all the requirements.

- Inpatient

- Outpatient

- Emergency Room

- Ambulatory Surgery Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027

Nursing Program - NDNQI (See Statement of Work)

Contract Period: Base

Nursing Program - Nurse Excellence Solution (See Statement of

Work) Contract Period: Base comment analytics, on demand advisory support and application support. 15,000 paper & unlimited eSurvey (email/text). See Statement of Work for all the requirements.

- Inpatient

- Outpatient

- Emergency Room

- Ambulatory Surgery Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028

Contract Period: Option 1

Work) Contract Period: Option 1 comment analytics, on demand advisory support and application support. 15,000 paper & unlimited eSurvey (email/text). See Statement of Work for all the requirements.

- Inpatient

- Outpatient

- Emergency Room

- Ambulatory Surgery Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029

Contract Period: Option 2

Work) Contract Period: Option 2 comment analytics, on demand advisory support and application support. 15,000 paper & unlimited eSurvey (email/text). See Statement of Work for all the requirements.

- Inpatient

- Outpatient

- Emergency Room

- Ambulatory Surgery Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030

Contract Period: Option 3

Work)

Contract Period: Option 3 comment analytics, on demand advisory support and application support. 15,000 paper & unlimited eSurvey (email/text). See Statement of Work for all the requirements.

- Inpatient

- Outpatient

- Emergency Room

- Ambulatory Surgery Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031

Contract Period: Option 4

Work) Contract Period: Option 4

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: Portland VA Medical Center 3710 Southwest US Veterans Hospital Road Portland, OR 97239 2964

USA

AS ABOVE SEE POP

ABOVE

MARK FOR: TBD

FOB: DESTINATION

B.4 STATEMENT OF WORK

A: Introduction VAPORHCS is a designated Magnet® facility by the American Nurses Credentialing Center (ANCC) and periodically seeks re-designation. The ANCC requires that patient and nurse satisfaction data as well as nursing sensitive indicators to be reported at the unit level to be benchmarked to a national source.

The requirement is for a contract that would provide a comprehensive survey, measurement, analysis, and reporting of patient satisfaction for VAPORHCS. The primary service location being Portland VA Medical Center (PVAMC) with the Vancouver VA campus being a secondary location with 10 Community Based Outpatient Clinics (CBOC). Further reference to PVAMC throughout this document will be inclusive of all VAPORHCS sites of care. The vendor must have their own (vendor-owned) nationwide client database, which is geographically diverse, and inclusive of the following medical facility types; community-based hospitals, academic medical centers, Magnet®-designated institutions and at least ten VA medical centers. This required range is necessary to provide benchmark analysis at the facility level, allowing for internal and external comparisons. The vendor must provide patient satisfaction survey data collection for the following units:

• Inpatient medical/surgical/intensive care

• Ambulatory surgery

• Behavioral health

• Emergency department

• Outpatient

The vendor must also provide nurse satisfaction survey services for all areas nursing is practiced within the PVAMC facility. The requirement is for multiple survey tools and associated reporting database that enables collection and analysis of unit level nurse satisfaction data and enables benchmarking of data to a comprehensive database of leading health care institutions. The survey tools must be evidence- based and allow for the inclusion of customized questions.

In addition, the vendor must also be able to provide PVAMC access to National Database of Nursing Quality Indicators (NDNQI). NDNQI is a proprietary database of the American Nurses Association and is a further requirement for continuing PVAMCs Magnet designation. The database collects and evaluates unit-specific nurse-sensitive data from hospitals in the United States.

B: Background A comprehensive nursing sensitive indicator, patient and nursing satisfaction measurement service is necessary to advance the commitment of VAPORHCS to optimize the patient care experience for their PVAMC Veteran population. Establishment of a contract that enables PVAMC employees to access relevant data and evidence-based solutions to improve performance. These activities are critical to advancing patient satisfaction and improving health care delivery to the PVAMC Veteran population.

Rationale/explanation to support sole source vendor selection:

It is necessary to maintain patient and nursing satisfaction components as part of PVAMC’s Magnet designation. It is essential to have consistent reporting services for the Magnet credentialling process. ANCC requires all Magnet designated organizations to continuously adhere to eligibility requirements and policies of the ANCC Magnet Recognition Program. These eligibility requirements include the condition that the external vendor used for patient and nurse satisfaction surveys as well as nursing sensitive indicators must work in collaboration with the Magnet Recognition Program on alignment of patient experience questions to meet the criteria for the various Magnet categories.

An additional requirement for Magnet status is participation in the National Database of Nursing Quality Indicators (NDNQI), the vendor must already be approved by ANCC as an NDNQI provider.

PVAMC benefits from having an integrated analytics dashboard combining elements from the multimodal set of services. An integrated analytics dashboard is an executive level report combining experience, operational, and outcome data that can be used to identify key strengths, opportunities, and areas of risk within VAPORHCS. There is an additional annual open market fee requirement for the inclusion of NDNQI services.

C: Scope The overall purpose is to award a contract with a health care consulting service that specializes in the creation, administration, and analysis of patient and nurse satisfaction surveys to include NDNQI. The primary objective of this contract is to track and improve patient outcomes and nurse satisfaction at PVAMC by providing employees and leadership with real-time data on patient perceptions of their care experience, nurse perceptions of working conditions and reporting on nursing sensitive indicators. This will enable employees’ evidence-based performance improvement opportunities to improve delivery of services to Veterans. The survey results will be used to gain insight into the opinions of Veterans who utilize PVAMC services for their medical care and nurses’ experiences for PVAMC nurses.

Veterans who receive health care at a PVAMC within the time frame of this contract may be included in this surveying process. The VAPORHCS leadership team will maintain sole discretion regarding sample size and the Veterans that are identified to receive the survey.

The contract will consist of the following activities:

• Provision of evidence-based survey instruments that enable measurement of patient and nurse satisfaction

• Distribution of surveys electronically and via mail to patients specified by PVAMC within 72 hours of receipt of patient file from PVAMC Contracting Officer’s Representative (COR) and other Point of Contacts (POC) as specified in writing. Notify COR or alternate POC of all wrong addresses.

• Analysis of returned patient surveys and transcription of patient data into a centralized system accessible to PVAMC users within 48-hours of receipt of data.

• Provide a presentation of analyzed patient and nurse satisfaction data on a centralized online portal that provides PVAMC users with real-time access to reported data.

• Provision of online tools that enable users to create on-demand customized patient and nurse satisfaction reports and ability for users to produce reports for specified units and/or date ranges.

• Provision of formal quarterly reports on patient satisfaction and nursing sensitive indicators broken down by each participating unit

• Benchmarking of patient satisfaction data to leading health care institutions and identification of evidence-based, actionable solutions which PVAMC may implement to improve patient and nursing satisfaction

• Provision of transcribed reports of the patients’ written comments section on the surveys which shall also be accessible on the online database

• Provision of quarterly utilization reports and analyses that document PVAMC employee utilization of the patient and nurse satisfaction databases

• Provision of raw patient and nurse satisfaction data as requested by PVAMC

• Provision of online and onsite training for survey instruments and online portal(s) for PVAMC users as requested

• Execution of all startup activities that conform to the needs of PVAMC

• Implementation of patient satisfaction surveying activities no more than 10 business days following award of contract

• Presentation at special PVAMC leadership meetings as requested

• Monitoring of data transmissions to ensure compliance with all applicable VA and other regulations regarding information security

D. Period of Performance:

See Price/Cost Schedule.

Part I-Technical Requirements The contractor will provide all services associated with preparation, distribution, collection of the survey instrument/data, and reporting of collected data in an online database/portal accessible to PVAMC users within 48 hours of receipt of data. The contractor will be expected to use quantitative and qualitative data analysis techniques in accomplishing the tasks and providing quarterly written reports. They will also include site-specific action plans and site-specific recommendations to improve patient satisfaction.

In addition to the patient satisfaction surveys the contractor will also provide nursing engagement survey services annually and upon request will provide pulse surveys with the following parameters:

• Number of Nursing Units per Year: (to be determined by service based on need)

• Maximum Number of Survey Administrations per Year: One (1)

• Results Review per Administration (virtual 1-hour): One (1)

Vendor shall provide valid inpatient surveys for medical/surgical inpatients, inpatient behavioral health and the Community Living Center to include custom questions. Data delivered through the surveys shall permit comparison to Nursing Magnet hospitals, non-VA and VA facilities. The primary goal is to measure and improve satisfaction by having a service that provides timely feedback and identifies the root cause of dissatisfaction.

The contractor shall send enough surveys to discharged Veterans to receive a statistically significant number of returned surveys for data validity per month for each nursing unit. When PVAMC determines that distributing surveys directly to the patients will lead to better return rates, the facility will request that the vendor deliver surveys to PVAMC instead of the patients and PVAMC staff will distribute the surveys directly to the patients.

Deliverables Assembly of data collected and providing professional analyses of the data is included in the services. The vendor will provide quarterly reports of patient satisfaction for each above category/unit. The quarterly reports will include comprehensive, detailed assessments of care and an overall VAPORHCS summary report to be accessible online within 10 days of the end of each quarter. The information will include quarterly comprehensive, detailed assessments of our patient’s experiences of service at VAPORHCS sites of care, full customization, and specialty comparisons, including detailed findings and a set of data queries available via an online portal.

The contractor will ensure data from all completed surveys is viewable by VAPORHCS users through an online portal within 48 hours of the contractor’s receipt of the completed survey. The online portal should enable VAPORHCS users to develop customized reports to evaluate patient satisfaction of services by date of service on a variety of evaluation metrics including patient, site-specific, and operational demographics.

Specific deliverables are as follows

• VAPORHCS’ employee access to an online portal for data analysis of VAPORHCS patient data by defined queries. VAPORHCS will require access to an online portal for a minimum of 100 users.

• A survey tool that enables benchmarking of VAPORHCS patient and nurse satisfaction data to leading health care institutions, including non-VA health care centers.

• An evidence-based survey tool that provides a valid and reliable measure of patient satisfaction along the following indices:

o Front line employee courtesy o Scheduling ease o Timeliness of registration process and wait time o Nursing staff courtesy o Provider courtesy o Quality of facility operations (patient flow, appearances, etc.)

o Staff sensitivity to the patient’s needs (privacy concerns, convenience of office hours) o Comments section that enables patient-specific feedback

• An evidence-based survey tool that provides a valid and reliable measure of nurse satisfaction along the following indices:

o Adequacy of staffing and resources o Management and leadership o Foundational quality care o Autonomy o Nurse to nurse interactions o Professional development opportunities o Interprofessional relationships

• Access to NDNQI data collection and reporting tools

• On-site and/or online based training sessions for VAPORHCS staff working with the vendor’s online portal regarding data access and report utilization

• On site and/or data interpretation visits by the account executive

• Unlimited customer service phone/email support

• Electronic downloading of a variety of monthly/quarterly reports

• Access to training conferences

• Utilization reports that identify VAPORHCS employee use of the online patient and nurse satisfaction database.

Schedule of contract tasks and deliverables The contractor shall begin surveying no more than 10 business days after notice to proceed is issued after contract award. The contractor will be expected to deliver and/or mail the surveys to patients within 3 business days of receipt of the patient file from PVAMC. The contractor will notify the designated PVAMC representatives via e-mail when quarterly reports are available and when data becomes available online for each VAPORHCS surveying site.

The contractor shall perform all necessary tasks to provide the quarterly reports within 10 days of the end of each quarter. Scanned surveys will be required to be viewable by VAPORHCS staff electronically within 48 hours of receipt of the completed survey.

If nursing engagement pulse surveys are deemed to be necessary PVAMC is required to initiate the survey no later than the end of the 7th month from the beginning of the period of performance.

Method of evaluating deliverables VAPORHCS appointed staff will evaluate all deliverables and review the resulting data. These reviews will involve scrutiny of the data, viability of the information and utility of the service in helping improve service to our Veterans and nursing staff, as well as the concurrence and/or changes required to proceed with the work as noted in the contractor’s submissions.

Vendor must have demonstrated 3 years of prior experience conducting similar multimodal surveys for VA including prior response/participation rates of >40%. There will be regular conference calls/meetings with the Veteran Experience project team to review project deliverables and milestones.

Vendor must be an ANCC accepted NDNQI database vendor for meeting Magnet requirements for providing data at the unit level, measures of central tendency and national benchmark comparison. The ANCC accepted vendor must already be approved for the following areas;

• Patient Satisfaction

• Nurse Satisfaction

• Clinical Indicators (NSIs)

Vendor must be able to provide the necessary data for the required Magnet reporting periods.

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 VA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA 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, 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. VA 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 VA or destroyed except for 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, Contractor must report to VA. 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]. 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 VA 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]. 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 VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

8. The Contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

9. 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.

10. The VA 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 VA 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.

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

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

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

and

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

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

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

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

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

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

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

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

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

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

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

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.252-2 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)

FAR

Number

Title Date

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT ALTERNATE I (NOV 2021)

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED NOV 2015

DOMESTIC CORPORATIONS

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS FEB 2021

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

C.3 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 prior to contract expiration.

(End of Clause)

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 within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 one (1) year.

(End of Clause)

C.5 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 prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor must comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of…