S02 - 36C24C26Q0022 RFQ.pdf

PAGE 1 OF1. 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

36C24C26Q0022 09-11-2026

Lenny Flagg lenny.flagg@va.gov 09-21-2026

10:00AM EST

36C24C Department of Veterans Affairs Regional Procurement Office, Central 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129

X 100

X

541690

$19 Million

N/A

X

Department of Veterans Affairs Regional Procurement Office, Central 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129

Department of Veterans Affairs Regional Procurement Office, Central 1639 Medical Center Parkway Suite 204 Murfreesboro TN 37129

Department of Veterans Affairs https://www.fsc.va.gov/einvoice.asp

See CONTINUATION Page

Contractor shall provide Magnetic Resonance Safety Expert Services for VISNs 15 and 23.

The requirement is being procured in accordance with RFO Part 12 Acquisition of Commercial Products and Commercial Services.

Refer to Section E.1 Instructions of Offerors for how to submit a proper quotation.

Please submit any technical questions by September 16,2026 10am EST to Contracting Officer Lenny Flagg at lenny.flagg@va.gov.

See CONTINUATION Page

X

X 1

Contracting Officer Lenny Flagg

RFQ 36C24C26Q0022

Table of Contents

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 PERFORMANCE WORK STATEMENT (PWS)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (MAY 2026) (DEVIATION)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.8 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.9 52.240-92 SECURITY REQUIREMENTS (DEVIATION) (NOV 2025)

C.10 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (DEVIATION) (NOV 2025)

C.11 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

C.12 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.13 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT 1 - VA FACILITY LOCATIONS

D.2 ATTACHMENT 2 - SCHEDULE OF ITEMS

D.3 ATTACHMENT 3 - LIMITATIONS ON SUBCONTRACTING

D.4 ATTACHMENT 4 - PAST EXPERIENCE REFERENCE QUESTIONNAIRE

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

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

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C24C

Department of Veterans Affairs

Regional Procurement Office, Central

1639 Medical Center Parkway

Suite 204

Murfreesboro TN 37129

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

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

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 MO ________________ ________________

Magnetic Resonance Safety Expert (MRSE) - Routine Services

Routine Services for VA facilities within VISNs 15 and 23.

Routine services requires response time within eight (8) hours

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

0002 1.00 MO ________________ ________________

Magnetic Resonance Safety Expert (MRSE) - Emergency Services

Emergency Services for VA facilities within VISNs 15 and 23.

Emergency services require response time within one (1) hour.

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

1001 1.00 MO __________________ __________________

Magnetic Resonance Safety Expert (MRSE) - Routine Services

Routine Services for VA facilities within VISNs 15 and 23.

Routine services requires response time within eight (8) hours

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

1002 1.00 MO __________________ __________________

Magnetic Resonance Safety Expert (MRSE) - Emergency Services

Emergency Services for VA facilities within VISNs 15 and 23.

Emergency services require response time within one (1) hour.

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

2001 1.00 MO __________________ __________________

Magnetic Resonance Safety Expert (MRSE) - Routine Services

Routine Services for VA facilities within VISNs 15 and 23.

Routine services requires response time within eight (8) hours

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

2002 1.00 MO __________________ __________________

Magnetic Resonance Safety Expert (MRSE) - Emergency Services

Emergency services for VA facilities within VISNs 15 and 23.

Emergency services require response time within one (1) hour.

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

3001 1.00 MO __________________ __________________

Magnetic Resonance Safety Expert (MRSE) - Routine Services

Routine Services for VA facilities within VISNs 15 and 23.

Routine services requires response time within eight (8) hours

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

3002 1.00 MO __________________ __________________

Magnetic Resonance Safety Expert (MRSE) - Emergency Services

Emergency services for VA facilities within VISNs 15 and 23.

Emergency services require response time within one (1) hour.

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

4001 1.00 MO __________________ __________________

Magnetic Resonance Safety Expert (MRSE) - Routine Services

Routine services for VA facilities within VISNs 15 and 23.

Routine services require response time within one (1) hour.

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

4002 1.00 MO __________________ __________________

Magnetic Resonance Safety Expert (MRSE) - Emergency Services

Emergency Services for VA facilities within VISNs 15 and 23.

Emergency services requires response time within eight (8) hours

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

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 1.00 0002 1.00 0003 1.00 0004 1.00 0005 1.00 0006 1.00 0007 1.00 0008 1.00 0009 1.00 0010 1.00

B.4 PERFORMANCE WORK STATEMENT (PWS)

1. ABBREVIATIONS AND ACRONYMS

ABRMS – American Board of Magnetic Resonance Safety COR – Contracting Officers Representative PHI – Personal Health Information PII – Personally Identifiable Information MIDCON – Midwest Consortium MR – Magnetic Resonance MRI – Magnetic Resonance Imaging MRSE – Medical Resonance Safety Expert MRSO – Medical Resonance Safety Officer MS Teams – Microsoft Teams NARA – National Archives and Records Administration VA – Department of Veterans Affairs VAMC – Veterans Affairs Medical Center VHA – Veterans Health Administration VISN – Veterans Integrated Service Network

2. INTRODUCTION

The U.S. Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Midwest Consortium (MIDCON) has a need for contracted Magnetic Resonance Safety Expert (MRSE) virtual coverage.

3. SCOPE OF WORK

The contractor shall provide virtual support for participating sites for MRSE assistance and guidance in the MIDCON area, Veterans Integrated Services network (VISNs 15 and 23).

The contractor shall provide non-personal, non-inherently governmental services in support of magnetic resonance safety at an all-inclusive price. Contractor and contractor personnel shall not be designated as government officials nor make any inherent governmental decisions. Contractor personnel may not supervise or otherwise direct Government employees. The contractor shall support all participating sites in their Magnetic Resonance Safety needs.

4. DESCRIPTION OF SERVICES

The following is a general description of MRSE services the Contractor will be required to provide during the life of the resulting contract. The MRSE labor category will include various Magnetic Resonance (MR) Safety responsibilities in support of VA. MRSE support services include, but are not limited to, the following:

4.1. Contractor shall provide consultation on MR safe imaging of implanted medical devices and including guidance, calculations and quantification information as needed.

4.2. Contractor shall assist in development and maintenance of MR Safety and QA programs.

4.3. Contractor shall provide consultations to Magnetic Resonance Safety Officers (MRSO) and the Chief of Radiology on the development of MRI protocols to allow safe imaging of patients with MRI conditional implanted devices.

4.4. Contractor shall assist with the planning, installation, and acceptance of new MR equipment.

4.5. Contractor shall serve as the VAMC subject matter expert for root cause analysis and administrative investigations related to MR adverse events.

4.6. Contractor, in his or her capacity as the MRSE, shall serve as a resource for the Chief of Radiology and MRSO when needed for consultation to answer MR safety questions/concerns.

4.7. Contractor shall attend quarterly MRI Safety Committee meetings conducted via MS Teams.

4.8. Escalation process: VA personnel will first attempt to receive guidance through internal channels and will only utilize the contracted MRSE services as a last resort

4.8.1. MR Tech

4.8.2. Radiologist

4.8.3. MRSO

4.8.4. Contracted MRSE

4.9. Definition of Roles:

4.9.1. MR Director / MR Physician: Physician-level authority responsible for MR safety policy, medical oversight, and final site-level MR safety decisions. The MRMD / MR Physician shall retain authority for medical oversight, scan/no-scan determinations, patient care decisions, and final site-level MR safety decisions under local facility policy.

4.9.2. MR Safety Officer (MRSO): Operational MR safety role responsible for carrying out MR safety practices under the MRMD/MR Physician’s policies. The MRSO should manage local MR safety processes, coordinate routine safety workflows, and escalate issues under the site’s established MR safety structure.

4.9.3. MR Technologist / Scanning Technologist: First-line role for patient screening, implant/device information collection, MR safety workflow execution, and routine escalation under local VAMC policy. The scanning technologist should remain the first-line operational contact for the patient and the local MRI environment.

4.9.4. MR Safety Trained Personnel (MRST), where applicable: On-site support role for tasks requiring physical presence, such as site access control, emergency response support, and cryogen-related procedures, consistent with local VAMC policy and role assignments. Magnetic Resonance Safety Expert (MRSE): Advisory technical resource for the MRMD, MRSO, Chief of Radiology, or other designated VA personnel when complex MR safety questions require physics-based analysis, calculations, quantification, or technical guidance. The MRSE should support, but not replace, the local MRMD/MRSO decision structure.

5. REQUIREMENT QUALIFICATIONS and CATERGORIES

Minimum Qualifications: The Contractor shall provide qualified personnel who contain ALL the minimum qualifications listed below.

5.1. Education: MRSEs must possess certification by a National Commission for Certifying Agency such as American Board of Magnetic Resonance Safety (ABMRS) or an equivalent organization with proof of certification.

5.2. Experience: The contractor shall have a minimum of three (3) years’ experience providing MRSE services.

5.3. English Language Requirement: The Contractor shall ensure all personnel performing under this contract are able to read, write, and speak English fluently. All personnel must have the ability to effectively communicate orally via telephone and MS Teams communications as well as via email communications.

5.4. U.S. Citizenship: All contractor personnel performing under this contract shall be U.S.

citizens.

6. PERIOD of PERFORMANCE, PLACE OF PERFORMANCE and HOURS

6.1. Period of Performance (POP)

The period of performance for this contract is five one-year ordering periods.

Performance Period Dates Ordering Period #1 10/01/2026 – 09/30/2027 Ordering Period #2 10/01/2027 – 09/30/2028 Ordering Period #3 10/01/2028 – 09/30/2029 Ordering Period #4 10/01/2029 – 09/30/2030 Ordering Period #5 10/01/2030 – 09/30/2031

6.2. Place of Performance

6.2.1. Virtual: This is expected to be a virtual service. Contractor personnel shall work off-site (remote, i.e., home or contractor’s office). Contractor personnel are not required to report to a government facility for routine work. Travel will not be required under this requirement. Participating sites to receive advice and guidance through either calls utilizing a contractor provided toll-free number, chats, or another messaging service for routine and emergency inquiries.

6.3. Hours

6.3.1. The Contractor shall be available to provide MRSE assistance twenty-four (24) hours per day, seven (7) days per week including federal holidays.

6.4. Required Response Times

6.4.1. Routine Response Times: MR personnel are conducting pre workup activities in anticipation of the patient arriving. Contractors shall respond to routine requests within eight (8) hours of receiving notice.

6.4.2. Emergency Response Times: An emergency is defined as any urgent or critical event requiring immediate contractor support, for example, MR personnel require immediate assistance mid-procedure. Contractors shall respond to emergencies within one (1) hour of receiving notice.

7. GOVERNMENT FURNISHED INFORMATION, PROPERTY, and EQUIPMENT

7.1. No government furnished information, property, or equipment will be furnished for this contract. However, the contractor may be furnished with limited PHI / PII for the purposes of setting protocols for new equipment.

8. CONTRACTOR REQUIREMENTS and RESPONSIBILITIES

8.1. Supervisory Controls: The day-to-day supervision and direct control over the work performed by off-site or remote contractor personnel will be the sole responsibility of the Prime Contractor. The Government will not supervise contractor personnel, prepare contractor personnel work schedules, or control the method by which the contractor personnel perform the required tasks. The Government will only provide tasks to contractor personnel for execution. The contractor personnel will work independently and keep the relevant CO and/or COR informed of all actions assigned. All tasks and consulting needs will be completed in a timely fashion. Work will be reviewed by the relevant COR or other government personnel for work quality, overall objectives, and effectiveness in achieving results.

8.2. Contracting Officer’s Representative (COR): The Government will identify and delegate CORs. CORs shall monitor all technical aspects of the contract and assist in contract administration. Unless otherwise identified in a delegation letter, the COR is authorized to perform the following functions: assure that the Contractor performs the technical and administrative requirements of the contract; perform necessary inspections in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements; monitor the Contractor's performance and notify both the CO and contractor of any deficiencies. The CO will send a letter of delegation to the COR and the Contractor, which states the specific responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and conditions of the contract. CORs are not authorized to obligate funds or execute any contract modifications. CORs will be responsible for reviewing, approving, and certifying invoices for their respective location.

8.3. Quality Assurance (QA) / Acceptance Quality Limit (AQL): The government reserves the right to review all services received under this contract to determine whether the Contractor is meeting performance standards, service levels, and objectives. The Government has the right to change or modify inspection methods at its discretion.

8.3.1. Quality Control: Contractor shall develop and maintain its own quality control program / inspection plan that assures compliance with all requirements of this contract. Contractor employees must achieve an accuracy rate of 90% or higher for Quality of Contractual Documentation. Contractor employees must achieve a productivity rate of 90% or higher for Timeliness and Productivity. Contractor employee’s communication/ actions/behavior (speaking and writing) shall be courteous, cooperative, and professional 90% or higher for Customer Service.

8.3.2. Acceptance Quality Level: As a minimum, the Contractor’s plan should address these items shown below for the Acceptance Quality Level (AQL) during the contract’s performance period.

Sect No.

Performance Objective

Standard (AQL)

4.7 Full

Representative at all scheduled hearings

The MRSE shall attend quarterly MRI Safety Committee meetings conducted via MS Teams.

Not late (longer than 30 minutes) to more than (6) six hearings per year when provided at least 72 hours’ notice. Or (2) two failures (longer than 30 minutes), that cause the requirement to be postponed or cancelled.

6.3 Timely

Delivery

Hours: Contractor shall be available 24/7 including federal holidays

Less than 5 times of unable to contact in an Ordering period.

6.4 Timely

Delivery

Routine: MR personnel are conducting pre workup activities in anticipation of the patient arriving.

Required response time within eight

(8) hours.

Emergency: An emergency is defined as any urgent or critical event requiring immediate contractor support, for example, MR personnel require immediate assistance mid-procedure. The required response time for emergencies is one (1) hour.

No more than 5% for routine requests are answered beyond eight (8) hours and no more than 2% beyond one (1) hour for emergencies.

9. CONTRACTOR DELIVERABLES

9.1. Contractor Point of Contact: The contractor shall provide a Point of Contact (POC) / Supervisor who shall be responsible for contractor deliverables and the daily tasks assigned to contractor personnel.

9.2. Invoices: Invoices are submitted monthly in arrears to Tungsten.

10.NATIONAL ARCHIVES and RECORDS ADMINISTRATION (NARA)

NARA Records Management Language for Contracts (July 10, 2019) https://www.archives.gov/records-mgmt/policy/records-mgmt-language

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.

Per VHA Records Manager

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. 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 IDIQ. 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 the associated facility 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 provided by the COR or Program Manager. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

3. 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 associated government facility guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

5. 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.

6. 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.

7. The associated VA facility 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.

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

D. Flowdown of Requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this IDIQ and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

End of PWS

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (MAY 2026) (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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/01/2026 through 09/30/2031.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $200, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $293,000;

(2) Any order for a combination of items in excess of $293,000; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after expiration date of parent IDIQ.

(End of Clause)

C.5 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

(End of Clause)

C.6 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.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond the current fiscal year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment…