S02 36C25925Q0211 RFQ.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C25925Q0211 03- -2025 Jim Lewis 303-712-5840 03- -2025 2:00pm

MST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 541990 $19.5 Million Net 30 N/A X 36C575 Department of Veterans Affairs VA Western Colorado Health Care System Grand Junction VA Medical Center 2121 North Avenue Grand Junction CO 81501 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

36C575 Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Contractor to provide Inspection, Testing and Maintenance Services for the Grand Junction VAMC ’s Fire Pump System in a ccordance with the Statement of Work.

Review the Special Standards of Responsibilities (SSRs) in Section E on pg.

of this document.

Solicitation questions shall be sent via email to:

james.lewis114fbb@va.gov no later than 2:00pm MST 3/1 /2025.

All offers must be sent via email to:

james.lewis114fbb@va.gov no later than 2:00pm MST 3/ /2025.

Notice of total SDVOSB set-aside and Limitations on Subcontracting apply to this solicitation.

U.S. Dept of Labor Wage Determination No. 2015-5423, Rev27 applies.

See CONTINUATION Page X X X John Cheng Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

(a). CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

SAM UEI: ________________________

Contracting Officer: John Cheng john.cheng2@va.gov

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

(c). INVOICES: Invoices shall be submitted in arrears:

(d). GOVERNMENT INVOICE ADDRESS:

(1). All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX

(2). The contractor shall submit original invoices in proper electronic format to the Financial Services Center (FSC) through the Tungsten System. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Proper electronic format means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

(A). VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

(B). Vendor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

(i). Tungsten e-Invoice Setup Information: 1-877-489-6135 (ii). Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com (iii). FSC e-Invoice Contact Information: 1-877-353-9791 (iv). FSC e-invoice email: vafsccshd@va.gov

(e). REFERENCE NUMBERS: Please reference both the Task Order number (to be assigned) and the Obligation Number (to be assigned) on all correspondence and invoices. If contract option years are exercised, new obligation numbers will be issued and identified on the contract modification document.

(f). AUTHORIZATIONS:

(1). The Contracting Officer (CO) named in Section (a) above is responsible for the overall administration of this contract. Only the CO has the authority to make changes which affect:

(A). Contract prices, (B). Quality, (C). Quantities, or (D). Delivery terms and conditions.

(2). Contracting Officer Representatives (COR) and Alternate Contracting Officer’s Representatives (Alt-COR) may be assigned to this contract. The COR and Alt-COR shall be provided specific written delegated authority by the CO, a copy of which will be provided to the Contractor.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Monthly Inspection and Testing of the Grand Junction VAMC Fire Pump System.

Contract Period: Base POP Begin: 04-01-2025 POP End: 03-30-2026 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Inspection and Testing of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2025 POP End: 03-30-2026

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Not-to-exceed (NTE) annual allowance for Parts and Labor for the Repair and Maintenance of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2025 POP End: 03-30-2026

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Monthly Inspection and Testing of the Grand Junction VAMC Fire Pump System.

Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-30-2027

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Inspection and Testing of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2026 POP End: 03-30-2027

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Not-to-exceed (NTE) annual allowance for Parts and Labor for the Repair and Maintenance of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2026 POP End: 03-30-2027

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Monthly Inspection and Testing of the Grand Junction VAMC Fire Pump System.

Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-30-2028

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Inspection and Testing of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2027 POP End: 03-30-2028

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Not-to-exceed (NTE) annual allowance for Parts and Labor for the Repair and Maintenance of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2027 POP End: 03-30-2028

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Monthly Inspection and Testing of the Grand Junction VAMC Fire Pump System.

Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-30-2029

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Inspection and Testing of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2028 POP End: 03-30-2029

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Not-to-exceed (NTE) annual allowance for Parts and Labor for the Repair and Maintenance of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2028 POP End: 03-30-2029

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Monthly Inspection and Testing of the Grand Junction VAMC Fire Pump System.

Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-30-2030

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Inspection and Testing of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2029 POP End: 03-30-2030

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Not-to-exceed (NTE) annual allowance for Parts and Labor for the Repair and Maintenance of the Grand Junction VAMC Fire Pump System.

POP Begin: 04-01-2029 POP End: 03-30-2030

PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

B.3 STATEMENT OF WORK

Grand Junction VAMC Fire Pump Inspection and Testing

1. Purpose The Western Colorado Health Care System (WCHCS) medical center, located on 2121 North Ave, Grand Junction CO, 81501 has a requirement for the VA facility to comply with the fire code safety requirements.

2. Objectives Complete all required inspection, testing, and maintenance on the VA facility fire pump system to ensure the availability and reliability of the system when required.

3. Scope of Work

3.1. The Contractor shall provide all labor, supervision, tools, equipment, materials, and industry expertise necessary to complete the requirements listed in Section 4, Mandatory Tasks and Deliverables.

3.2. Table 1. Fire Pump Key Component List:

Table 1. Fire Pump Key Component List

4. Mandatory Tasks and Deliverables

4.1. CLIN 1001: Monthly Inspection and Testing of the Fire Pump System per the latest version of NFPA 25

4.1.1. Deliverables for CLIN 1001

4.1.1.1. The monthly service shall be completed 30 +/-10 calendar days from the prior months service date.

4.1.1.2. Contractor shall complete a monthly inspection and testing of the station fire pump system that meets compliance with the latest version of the National Fire Protection Association (NFPA) 25 -Table 8.1.1.2, and the manufacturer’s maintenance requirements.

4.1.1.3. The monthly service shall include, but not be limited to the following equipment listed in Table 1.

4.1.1.4. The monthly inspection and testing of the fire pump shall be completed with the pump running in a no-flow condition, per NFPA 25.

4.1.1.5. The contractor shall report all deficiencies to the COR identified that create a safety risk to the VA patients, VA personnel, VA property, or community during or prior to leaving the station each service day.

4.1.1.6. Within 10 business days following the service work, the contractor shall provide the Contracting Officer Representative (COR) a written field service report, including all deficiencies identifies, all performed tests and test results, and all parts, cleaned, calibrated, repaired, or replaced. The service report shall also provide a quote for labor, parts, and a timeline to repair the reported deficiencies.

4.1.1.7. When a conflict arises between Codes, Standards, Specifications, or requirements, the more stringent requirement shall apply, unless otherwise directed by this contract or the CO.

4.2. CLIN 1002: Annual Testing of the Fire Pump System

4.2.1. Deliverables for CLIN 1002

4.2.1.1. Contractor shall complete an annual inspection and testing of the station fire pump system that meets compliance with the latest version of NFPA 25 - Table 8.1.1.2, Occupational Safety and Health Administration (OSHA), and the manufacturer’s maintenance requirements.

4.2.1.2. The annual service shall include, but not limited to the following equipment listed in Table 1.

4.2.1.3. The annual testing of the fire pump system shall be completed with the pump running in full flow condition, per NFPA 25.

4.2.1.4. The contractor shall report all deficiencies to the COR identified that create a safety risk to the VA patients, VA personnel, VA property, or community during or prior to leaving the station each service day.

4.2.1.5. Within 10 business days following the service work, the contractor shall provide the COR a written field service report, including all deficiencies identifies, all performed tests and test results, and all parts, cleaned, calibrated, repaired, or replaced. The service report shall also provide a quote for labor, parts, and a timeline to repair the reported deficiencies.

4.2.1.6. When a conflict arises between Codes, Standards, Specifications, or requirements, the more stringent requirement shall apply, unless otherwise directed by this contract or the CO.

4.3. CLIN 1003: Repair and Maintenance of the Fire Pump System per the latest version of NFPA 25 and the manufacturers requirements.

4.3.1. Deliverables for CLIN 1003

4.3.1.1. The contractor shall reference this CLIN to invoice for all approved expenses required to repair and maintain the fire pump system.

4.3.1.2. All parts and materials used to repair and maintain the equipment shall meet the minimum manufacturer’s requirements as approved replacement.

4.3.1.3. All parts used for repair of the system shall carry a minimum one (1) year warranty.

4.3.1.4. Within 10 business days following the service work, the contractor shall provide the COR a written field service report, including all deficiencies identifies, all performed tests and test results, and all parts, cleaned, calibrated, repaired, or replaced.

4.3.1.5. Contractor shall provide phone response to emergency calls, within 1 hours of receiving call, 24/7. If on-site work is required, a qualified technician is required to be on-site within 2 hours of determination that on-site assistance is required.

5. Period of Performance The period of performance shall be for a base year and 4 option years.

Base Year: 04/01/2025 – 03/30/2026 Option Year 1: 04/01/2026 – 03/30/2027 Option Year 2: 04/01/2027 – 03/30/2028 Option Year 3: 04/01/2028 – 03/30/2029 Option Year 4: 04/01/2029 – 03/30/2030

The contractor shall coordinate with the COR to schedule the services outlined in Section 4. Normal hours of operation are Monday through Friday, 8:00am-5:00pm, except Federal holidays. The Contractor shall have the flexibility to schedule work outside the normal hours with prior approval of the COR. Contractor shall notify the COR 10 business days in advance to schedule work outside of normal operating hours. Work is to be conducted in a manner which would present the least amount of disruption to the healthcare facility.

There are eleven (11) Federal holidays set by law (U.S.C. Title 5 Section 6103). Additional days which are deemed holidays by the government during this contract period shall also be observed.

Under current definitions, five are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

6. Place of Performance The service work shall take place at:

WCHCS - VA Medical Center 2121 North Avenue Grand Junction, CO. 81501

7. Key Personnel Certain skilled experience professionals and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as “Key personnel”.

7.1. Domain Knowledge

7.1.1. The Contractor and key personnel shall conform to the latest versions of the Occupational, Safety and Health Act (OSHA), NFPA, VHA Directives, State, County, and city laws, ordinances, and regulations.

7.2. Contractor Qualifications

7.2.1. The Contractor shall have at least one employee on staff who shall possess a valid NICET- FAS Level 3 certification and be available to the technician if required. All Fire Alarm Technicians shall possess a minimum of NICET-Level 1 certification. The contractor shall provide copies of personnel certifications upon the request of the CO.

8. Type of Contract Firm Fixed Price

9. Changes to the SOW Any changes to the SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. The Contractor shall submit a change order request to the CO and request compensation for parts and labor not included in the scope of this contract.

10. Contractor and Government Responsibilities

10.1. Contractor Responsibility

10.1.1. Contractor shall furnish personnel, supervision, knowledge, professional expertise, tools, materials, equipment, and quality control to complete the Mandatory Tasks and Deliverables of this SOW.

10.1.2. The items necessary to perform work as required under this contract shall be furnished, maintained, and operated by the contractor and shall be consistent and fully compliant with all applicable OSHA, ASME, NFPA, Federal, State, County, City laws, ordinances, and regulations.

10.1.3. The contractor shall use active calibrated test equipment to obtain and determine all required measurable data. Contractor shall provide calibration certifications upon request from the CO or COR.

10.1.4. During and at completion of work, debris shall not be allowed to spread unnecessarily in adjacent areas and shall not accumulate in the work area itself. All such debris, excess material, and parts shall be cleaned up and removed at the completion of the job and at the end of each day work is in progress.

10.1.5. The Contractor and key personnel shall be responsible for the cost of repair or replacement of any damage to the VA Medical Center property, structure or equipment caused by the Contractor or key personnel.

10.1.6. The contractor shall provide a minimum of 10 business days’ notice prior to the commencement of any work.

10.1.7. Key personnel shall sign in and sign out at Building 8 and communicate ongoing changes with the COR while on-station. Contact information shall be provided to the COR.

11. Formal Acceptance or Rejection of Deliverables

11.1. If deficiencies were discovered not covered by this service contract, Contractor shall

12. Quality Standards for Deliverables – Performance Measures

12.1. All workmanship shall meet the standards specified and shall be accomplished in conformance with approved and accepted standards of the industry; equipment manufacturers; local, state, and federal standards; and all applicable building and safety codes.

12.2. Contractor shall meet the time-bound requirements for service and reporting defined in the SOW.

12.3. Contractor and key personnel shall adhere to the service personnel reporting and VA facility requirements.

13. Security – Privacy Requirements

13.1. The C&A requirements do not apply, and a Security Accreditation Package is not required.

36C25925Q0211

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.—

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

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

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

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

(End of Clause)

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

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

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [X] By the end of the base term of the contract 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.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of Clause) C.6 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…