S02 36C24827Q0023.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

573-27-1-3034-0003

36C24827Q0023 09-15-2026

Jeremy Parrish Jeremy.Parrish@va.gov 352-283-9220 09-21-2026

4:30 PM EDT

36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

North Florida South Georgia VHS

1601 SW Archer Road

Gainesville FL 32608-1197

X 100

X

Y

333413

500 Employees

N/A

X

36C573

Department of Veterans Affairs

North Florida South Georgia VHS

Malcolm Randall VA Medical Center

1601 SW Archer Road

Gainesville FL 32608-1197

36C248

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

North Florida South Georgia VHS

1601 SW Archer Road

Gainesville FL 32608-1197

Department of Veterans Affairs

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

See B.3 For Price/Cost Schedule.

573-3670162-3034-854100-2543 0100501X3

X X

X 1

Jeremy Parrish

36C24827Q0023

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………………………………………………………………….4

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.3 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 LABOR STANDARDS…………………………………………………………………….27

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

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

1998)

E.4 EVALUATION CRITERIA………………………………………………………………..30

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: Jeremy Parrish, Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) North Florida South Georgia VHS 1601 SW Archer Road Gainesville FL 32608-1197

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] Upon Completion and VA Acceptance.

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.

http://www.tungsten-network.com/US/en/veterans-affairs/

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

I. Background

The Malcom Randall VA Medical Center in Gainesville, Florida operates two cooling towers that supply condenser water to five chillers. These chillers provide chilled water essential for hospital operations. Cooling tower systems are critical to supporting continuous medical facility operations and must be properly maintained to ensure optimal heat-transfer performance and system reliability.

Proper maintenance includes water treatment, cleaning, and replacement of components to prevent fouling, protect heat-transfer surfaces, and avoid premature equipment and piping degradation or failure.

II. Objective

The Malcom Randall VA Medical Center seeks to establish a firm-fixed-price contract, with a Period of Performance from October 2, 2026, through October 1, 2027, for the repair and replacement of listed cooling tower components and associated equipment. Proper operations and maintenance procedures must account for equipment degradation, environmental impacts, and safe accessibility.

The contractor shall:

• Procure new drift eliminators and all listed replacement components for the cooling towers.

• Deliver all materials to the Malcom Randall VA Medical Center.

• Install new drift eliminators, replacement panels,.

• Provide all additional parts, materials, and equipment necessary to restore both cooling towers to full operational condition in accordance with manufacturer specifications.

III. Scope of Work

All work shall be performed during the cooler months of the year to reduce impact on chiller operations and hospital cooling demands. The contractor shall provide all necessary barricades and signage to maintain site safety.

1. BAC Cooling Tower – Model BAC 3728A-3 (Three Cells)

The contractor shall remove defective parts, install new components, and verify proper operation of each cooling-tower cell. All additional parts required to meet manufacturer specifications shall be supplied by the contractor.

Required Replacement Components:

• Qty 3 – Shaft Assembly Kits (shaft, bearings, bushing, hardware)

• Qty 3 – Fan Assemblies

• Qty 3 – Cooling Tower Rated Motors

• Qty 3 – Belts

• Qty 3 – Motor Sheaves

• Qty 3 – Fan Sheaves

• Qty 6 – Sealer Tape (for leak mitigation)

2. EVAPCO Cooling Tower – Model CTSN-8-351974 (Six Cells)

The contractor shall remove defective components, install new parts, and restore the cooling tower to manufacturer operating specifications. All old parts must be removed from the site. Additionally, the contractor shall provide safe access to framed louvers and other components safe service activities.

Required Replacement Components:

• Qty 4 – OEM Cooling Tower Motors

• Qty 6 – OEM Belts

• Qty 5 – Shaft Assembly Kits (shaft, bearings, bushing, hardware)

• Qty 2 – Fill Media

• Qty 2 – Drift Eliminator Kits

• Qty 32 – Framed Louvers

IV. Qualifications and Certifications

The contractor shall possess all required qualifications, licenses, and certifications necessary to perform the work. All contractor personnel performing onsite work must have completed the OSHA

10-Hour Construction Safety Course.

Contractor personnel must comply with all VA building access, security, and escort procedures. VA

Police will issue identification badges, which must be worn at all times. Contractor personnel will be escorted by VHA staff while onsite.

All contractor and subcontractor personnel must complete VA’s online Privacy and HIPAA Focused

Training (TMS Code 10203) each year of the contract. Signed certificates of completion must be submitted to the COR annually.

Contractor staff shall adhere to all VA/VHA security, privacy, and property-protection procedures, including safeguarding government-issued ID badges, key cards, and keys. All such items must be returned immediately when personnel depart the project.

Background investigations are required for performance of this contract.

The C&A requirements do not apply, and no Security Accreditation Package is required.

V. Safety Regulations

All OSHA safety regulations shall be strictly observed. The VA Safety Officer has full authority to enforce all safety rules applicable to this project. The contractor shall install and maintain all required safety barricades and signage to protect staff, patients, and visitors.

VI. Scheduling and Hours of Work

All work must be scheduled in advance with the COR.

Work shall be performed during normal business hours (0800–1630), Monday through Friday.

No work shall be scheduled on Federal holidays.

Federal Holidays Observed:

• New Year’s Day (January 1)

• Martin Luther King Jr. Day (Third Monday in January)

• Washington’s Birthday (Third Monday in February)

• Memorial Day (Last Monday in May)

• Independence Day (July 4)

• Labor Day (First Monday in September)

• Columbus Day (Second Monday in October)

• Veterans Day (November 11)

• Thanksgiving Day (Fourth Thursday in November)

• Christmas Day (December 25)

VII. Contract Administration

A. The contractor may request amendments; only the Contracting Officer (CO) may modify or approve any change to the contract.

B. All matters relating to contract administration must be directed to the CO.

C. Only the CO is authorized to make changes affecting price, quantity, or quality.

D. Any changes made at the direction of personnel other than the CO are unauthorized and will not justify an adjustment to the contract price.

E. The contractor shall perform all specified services in a professional manner, adhering to high-quality standards and all applicable federal, state, and local laws and regulations.

VIII. Contracting Officer / Contracting Officer’s Representative (COR)

A. Only the CO may authorize changes affecting time, cost, or scope. The COR provides technical guidance, interpretation of the SOW, and oversight of work performance.

B. The NF/SG Veterans Health System will designate a COR to furnish technical guidance. This authority does not extend to financial or legal contract matters.

If any conflict arises between COR direction and the contractor’s interpretation of SOW requirements, the contractor must notify the CO in writing immediately.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0.00 JB __________________ __________________

BAC Cooling Tower – Model BAC 3728A 3 (Three Cells)

The contractor shall remove defective parts, install new components, and verify proper operation of each cooling tower cell. All additional parts required to meet manufacturer specifications shall be supplied by the contractor. POP 10/15/2026 to 06/30/2027 Contract Period: Base POP Begin: 10-15-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

0001AA

3.00 EA __________________ __________________

Shaft Assembly Kits (shaft, bearings, bushing, hardware)

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0001AB

Fan Assemblies

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0001AC

Cooling Tower Rated Motors

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0001AD

Belts

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0001AE

Motor Sheaves PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0001AF

Fan Sheaves

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0001AG

6.00 EA __________________ __________________

Sealer Tape (for leak mitigation)

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0001AH

1.00 EA __________________ __________________

DEINSTALL

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0001AI

INSTALL/Testing/Cleanup

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

1.00 JB __________________ __________________

EVAPCO Cooling Tower – Model CTSN 8 351974 (Six Cells)

The contractor shall remove defective components, install new parts, and restore the cooling tower to manufacturer operating specifications. All old parts must be removed from the site. Additionally, the contractor shall provide safe access to framed louvers and other components safe service activities. POP 10/15/2026 to 06/30/2027 Contract Period: Base POP Begin: 10-15-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0002AA

4.00 EA __________________ __________________

OEM Cooling Tower Motors

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0002AB

6.00 EA __________________ __________________

OEM Belts

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0002AC

5.00 EA __________________ __________________

Shaft Assembly Kits (shaft, bearings, bushing, hardware)

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0002AD

2.00 EA __________________ __________________

Fill Media

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0002AE

2.00 EA __________________ __________________

Drift Eliminator Kits

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0002AF

32.00 EA __________________ __________________

Framed Louvers

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0002AG

DEINSTALL

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and

Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0002AH

INSTALL/Testing/Cleanup

PRINCIPAL NAICS CODE: 333413 - Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001 SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

0.00 10/15/2026 to 09/30/2027

0001AA SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

3.00 ARO 60 DAYS

0001AB SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

3.00 ARO 60 DAYS

0001AC SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

3.00 ARO 60 DAYS

0001AD SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

3.00 ARO 60 DAYS

0001AE SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

3.00 ARO 60 DAYS

0001AF SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

3.00 ARO 60 DAYS

0001AG SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center

6.00 ARO 60 DAYS

1601 SW Archer Road Gainesville, FL 32608 1197

0001AH SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

1.00 ARO 60 DAYS

0001AI SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

1.00 ARO 60 DAYS

0002 SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

1.00 10/15/2026 to 09/30/2027

0002AA SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

4.00 ARO 60 DAYS

0002AB SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

6.00 ARO 60 DAYS

0002AC SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

5.00 ARO 60 DAYS

0002AD SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

2.00 ARO 60 DAYS

0002AE SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

2.00 ARO 60 DAYS

0002AF SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

32.00 ARO 60 DAYS

0002AG SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

1.00 ARO 60 DAYS

0002AH SHIP TO: North Florida South Georgia

VHS

Malcolm Randall VA Medical Center 1601 SW Archer Road Gainesville, FL 32608 1197

1.00 ARO 60 DAYS

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 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of Clause)

C.3 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the

Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247)

(https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part

436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the

BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The

Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause) https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.energy.gov/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energy.gov/femp/low-standby-power-product-list https://www.energy.gov/femp/low-standby-power-product-list https://www.biopreferred.gov/ https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR

802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled

Veteran with permanent and severe disability, the spouse or permanent caregiver of such

Veteran;

(iii) The business meets Federal small business size standards for the applicable North

American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business

Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15

U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an

SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR

128.

https://veterans.certify.sba.gov/

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the

SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified

SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the

SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13

CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or

852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR

125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified

SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified

SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans

First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than…