S02 36C26026Q0426 Legionella Water Testing.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

531-26-1-5044-0001

36C26026Q0426 03-10-2026

Craig Brown (360) 696-4061 x31504 03-20-2026

5PM PDT

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Bldg.17, Suite B428

Vancouver WA 98661

X 100

X

541380

$19 Million

Net 30

N/A

Department of Veterans Affairs

BOISE VAMC

500 W FORT STREET

Boise ID 83702

36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

The Boise VA Medical Center has a requirement for

Legionella Water Testing Services IAW the SOW.

Period of Performance -

Base Period: 1 April 2026 - 31 March 2027

Option Period One (1) 1 April 2027 - 31 March 2028

Option Period Two (2) 1 April 2028 - 31 March 2029

Option Period Three (3) 1 April 2029 - 31 March 2030

Option Period Four (4) 1 April 2030 - 31 March 2031

Offerors, please review all clauses/provisions and complete any required certifications. See E.2 for specific instructions.

VA POC: Craig Brown at craig.brown7@va.gov

See CONTINUATION Page

531-3660162-5044-850300-2580 010050176

36C26026Q0426

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK ………………………………………………………………...11

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...23

C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.6 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION)(APR 2025)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION ……………………………………………………………….35

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023) .......................... Error! Bookmark not defined.

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

PRODUCTS AND COMMERCIAL SERVICES

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

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025 DEVIATION)

E.5 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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: TBD

b. GOVERNMENT: Contracting Officer 36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

https://www.tungstenautomation.com/products/einvoice-network

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

https://www.tungstenautomation.com/products/einvoice-network

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

590.00 EA ____________ ______________

Contractor shall collect water samples from the VA Medical

Center Boise and test collected samples for Legionella contamination in accordance with the Statement of Work.

Service shall be provided for FY26 from 1 October 2025 to 30 September 2026. The contractor shall only invoice for tests actually performed.

Contract Period: Base POP Begin: 04-01-2026 POP End: 03-31-2027 LOCAL STOCK NUMBER: na

15.00 EA ____________ ______________

Contractor shall provide Legionella testing for any samples taken after remediation for any postive samples. Work shall be performed according to the Statement of Work. The contractor shall only invoice for tests actually performed.

Contract Period: Base POP Begin: 04-01-2026

20.00 EA ____________ ______________

Contractor shall perform Serotype testing upon request.

Work will be performed according to the Statement of Work.

Contract Period: Base

120.00 EA ____________ ______________

Contractor shall test water samples delivered by the Boise

VA Medical Center for bacteria in accordance with the Statement of Work.

Contract Period: Base

32.00 EA ____________ ______________

VA Medical Center for Low Level Hardness in accordance with the Statement of Work.

Contract Period: Base

40.00 EA ____________ ______________

VA Medical Center for Conductivity in accordance with the Statement of Work.

Contract Period: Base

VA Medical Center for Total Alkalinity in accordance with the Statement of Work.

Contract Period: Base

36.00 EA ____________ ______________

VA Medical Center for Total Coliform & E. Coli in accordance with the Statement of Work.

Contract Period: Base

Center Boise and test collected samples for Legionella contamination in accordance with the Statement of Work.

Contract Period: Option 1 POP Begin: 04-01-2027 POP End: 03-31-2028 taken after remediation for any positive samples. Work shall be performed according to the Statement of Work. The contractor shall only invoice for tests actually performed Contract Period: Option 1

Work will be performed according to the Statement of Work Contract Period: Option 1

VA Medical Center for bacteria in accordance with the Statement of Work.

Contract Period: Option 1

Contractor shall test water samples delivered by the Boise VA Medical Center for Low Level Hardness in accordance with the Statement of Work.

Contract Period: Option 1

VA Medical Center for Conductivity in accordance with the Statement of Work.

Contract Period: Option 1

VA Medical Center for Total Alkalinity in accordance with the Statement of Work.

Contract Period: Option 1

VA Medical Center for Total Coliform & E. Coli in accordance with the Statement of Work Contract Period: Option 1

Center Boise and test collected samples for Legionella contamination in accordance with the Statement of Work.

Service shall be provided for FY26 from 1 October 2025 to 30 September 2026. The contractor shall only invoice for tests actually performed.

Contract Period: Option 2 POP Begin: 04-01-2028 POP End: 03-31-2029 taken after remediation for any positive samples. Work shall be performed according to the Statement of Work. The contractor shall only invoice for tests actually performed Contract Period: Option 2

Contractor shall perform Serotype testing upon request.

Work will be performed according to the Statement of Work.

Contract Period: Option 2

VA Medical Center for bacteria in accordance with the Statement of Work.

Contract Period: Option 2

VA Medical Center for Low Level Hardness in accordance with the Statement of Work.

Contract Period: Option 2

VA Medical Center for Conductivity in accordance with the Statement of Work.

Contract Period: Option 2

VA Medical Center for Total Alkalinity in accordance with the Statement of Work Contract Period: Option 2

VA Medical Center for Total Coliform & E. Coli in accordance with the Statement of Work Contract Period: Option 2

Center Boise and test collected samples for Legionella contamination in accordance with the Statement of Work.

Service shall be provided for FY26 from 1 October 2025 to 30 September 2026. The contractor shall only invoice for tests actually performed.

Contract Period: Option 3 POP Begin: 04-01-2029 POP End: 03-31-2030 taken after remediation for any positive samples. Work shall be performed according to the Statement of Work. The contractor shall only invoice for tests actually performed.

Contract Period: Option 3

Work will be performed according to the Statement of Work.

Contract Period: Option 3

VA Medical Center for bacteria in accordance with the Statement of Work.

Contract Period: Option 3

VA Medical Center for Low Level Hardness in accordance with the Statement of Work.

Contract Period: Option 3

VA Medical Center for Conductivity in accordance with the Statement of Work.

Contract Period: Option 3

VA Medical Center for Total Alkalinity in accordance with the Statement of Work.

Contract Period: Option 3

Contractor shall test water samples delivered by the Boise VA Medical Center for Total Coliform & E. Coli in accordance with the Statement of Work.

Contract Period: Option 3

Center Boise and test collected samples for Legionella contamination in accordance with the Statement of Work.

Service shall be provided for FY26 from 1 October 2025 to 30 September 2026. The contractor shall only invoice for tests actually performed Contract Period: Option 4 POP Begin: 04-01-2030 POP End: 03-31-2031

Work will be performed according to the Statement of Work.

Contract Period: Option 4

Work will be performed according to the Statement of Work.

Contract Period: Option 4

VA Medical Center for bacteria in accordance with the Statement of Work.

Contract Period: Option 4

VA Medical Center for Low Level Hardness in accordance with the Statement of Work.

Contract Period: Option 4

VA Medical Center for Conductivity in accordance with the Statement of Work.

Contract Period: Option 4

VA Medical Center for Total Alkalinity in accordance with the Statement of Work.

Contract Period: Option 4

36.00 EA ____________ _______________

VA Medical Center for Total Coliform & E. Coli in accordance with the Statement of Work.

Contract Period: Option 4

GRAND

TOTAL

B.3 STATEMENT OF WORK

Legionella Sampling & Analysis

The Contracted Analytical Laboratory (Contractor) must be capable of providing personnel, supervision, equipment, supplies, certifications, transportation, and resources necessary to conduct random water testing for the buildings / locations specified in this statement of work. All work will be on the Boise Veterans Affairs Medical Center (BVAMC) campus and follow applicable laws and regulations, and directives. Water samples must be collected and analyzed by the Contractor.

The Contractor must supply personnel to collect legionella water samples from locations detailed below at the BVAMC campus. Personnel collecting legionella water samples must be trained in proper legionella water sampling protocols. Evidence of training certifications or competencies must be provided to the Contracting Officer’s Representative (COR) annually.

Each legionella water sample must have the Building & Room number of the location the sample was collected recorded on the chain of custody. If a room contains more than one outlet, the description of the outlet must be adequate to identify the single outlet where the sample was collected. Most door frames have a white label which lists the room number. If samples are taken from an outlet in a corridor, the location can be listed as “Corridor near

Building X, Room X.” The COR can, upon request, provide building floor plans to assist in identifying unlabeled locations.

The Contractor shall schedule sampling days with the COR at the beginning of each quarter to ensure test results are submitted before the end of the quarter. Sampling must be done during normal business hours, when the BVAMC is open. Sampling should not occur between 1600-

0700, weekends, or on federal holidays. All results, including for the serotype of positive legionella samples, by the last week of the quarter.

Sampling will occur in Buildings 27, 67, 85, 116, 121, 122, & 123 every Quarter. Each building will require 20 water samples from random locations. Of these locations, the following distributions are required:

• 2 Hot Water Showers

• 2 Cold Water Showers

• 2 Ice Machine Water or Drinking Fountain Water

• 1 Hot Water Therapy Tub (Building 121 & 122 Only)

• 1 Cold Water Therapy Tub (Building 121 & 122 Only)

• 6-7 Hot Water Sinks

• 6-7 Cold Water Sinks

Sampling will occur in Buildings 30, 114, &117 during Quarters 3 & 4 only. These buildings hold non-potable water associated with irrigation and cooling towers. One (1) sample will be taken from each location in Quarters 3 & 4 for a total of six (6) samples.

At the BVAMC a Fiscal Year (FY) is broken down into the following Quarters:

• Quarter 1 (October-December)

• Quarter 2 (January-March)

• Quarter 3 (April-June)

• Quarter 4 (July-September).

Water samples taken from every location must be tested for Legionella, Residual Biocide

(Chlorine), Temperature, and pH. Quantitative or PCR (polymerase chain reaction) testing is not permitted for Legionella samples.

The Contractor will track the delivery of samples and report the results within 14 business days of sampling.

Positive Legionella Samples must be serotyped to determine the exact genus of Legionella is present. Serotyping must be done by a CDC ELITE accredited analytical laboratory.

The BVAMC will perform remediation actions following Legionella positive results and perform post-remediation sampling. The Contractor must provide Legionella analysis for the post-remediation samples in accordance with the statement of work.

After the quarterly sampling & analysis is complete, but before the end of the Quarter, the

Contractor must fill out and email a “Water Testing Data Spreadsheet”. A blank copy of this spreadsheet, and instructions on how to fill it out, will be provided by the COR.

The Contractor must have the capability of fulfilling all tasks outlined in the Statement of Work while meeting applicable Veterans Healthcare Administration (VHA) Directives and local, state, and federal laws.

In accordance with VHA Directive 1061(4) Prevention of Health Care-Associated Legionella

Disease and Scald Injury from Water Systems (dated October 21, 2024), or current version, the testing laboratory must be selected with input from the BVAMC Water Safety Committee using the following criteria:

• The Contractor must be accredited by one of the following accrediting bodies:

o National Environmental Laboratory Accreditation Program (NELAP) o American Association for Laboratory Accreditation (A2LA) o Environmental Microbiology Laboratory Accreditation Program (EMLAP)

• The Contractor must demonstrate proficiency in the Centers for Disease Control (CDC)

Environmental Legionella Isolation Techniques Evaluation (ELITE) program. The

Contractor must be able to determine if the Legionella detected by culture in environmental samples is the species Legionella Pneumophila and, if so, if it is L.

pneumophila serogroup 1. Legionella samples must be cultured; a PCR test is not sufficient.

The Contractor must supply personnel to gather the Legionella samples from buildings on the

BVAMC campus and must be responsible for the transportation of samples to the analytical laboratory performing the testing.

Dental Water Analysis

The Contractor shall analyze 21 Dental Water samples for bacteria each quarter. Analysis results shall be reported within 10 business days to the COR. Dental Water samples will be collected by the BVAMC and delivered to the Contractor. Sample bottles to collect the water samples will be provided by the Contractor.

BVAMC staff will perform the onsite dental water sampling, however sample media and means to transport the samples to the Contractor’s analytical laboratory must be provided. If the samples must be shipped, then the Contractor must provide a way to do so at no additional cost to the BVAMC. If the analytical laboratory is located in the Boise, Idaho Metropolitan Area then

BVAMC staff may be able to deliver the samples.

The Contractor must be accredited by one of the following accrediting bodies:

• National Environmental Laboratory Accreditation Program (NELAP)

• American Association for Laboratory Accreditation (A2LA)

• Environmental Microbiology Laboratory Accreditation Program (EMLAP)

The Contractor shall analyze Dental Water samples using the following parameters:

Parameter Method Units Minimum Reporting Limit

Bacteria SM 9218 CFU/mL 1

SPS Water Analysis

The Contractor shall analyze 144 Water samples per year collected & delivered by the BVAMC from systems utilized by Sterile Processing Service (SPS). Sample bottles will be provided by the contractor. Analysis results shall be reported within 10 days to the COR.

BVAMC staff will perform the onsite SPS Water sampling, however sample media and means to transport the samples to the Contractor’s analytical laboratory must be provided. If the samples must be shipped, then the Contractor must provide a way to do so at no additional cost to the

BVAMC. If the analytical laboratory is located in the Boise, Idaho Metropolitan Area then

BVAMC staff may be able to deliver the samples.

The Contractor must be accredited by one of the following accrediting bodies:

• National Environmental Laboratory Accreditation Program (NELAP)

• American Association for Laboratory Accreditation (A2LA)

• Environmental Microbiology Laboratory Accreditation Program (EMLAP)

SPS Water samples will be collected based on the following schedule:

Month Bacteria Hardness, Low Level

Conductivity Total Alkalinity

January 2 2 2 2

February 2 2 2 2

March 4 4 6 6

April 2 2 2 2

May 2 2 2 2

June 4 4 6 6

July 2 2 2 2

August 2 2 2 2

September 4 4 6 6

October 2 2 2 2

November 2 2 2 2

December 4 4 6 6

The water samples must be analyzed using the following parameters:

Parameter Method Units Minimum Reporting Limit

Bacteria SM 9218 CFU/mL 1

Hardness, Low Level SM 2340 C mg CaCO₃/L 1

Conductivity EPA 120.1 µS/cm 5

Total Alkalinity EPA 310.1 mg CaCO₃/L 4

Potable Water Analysis

The Contractor shall analyze 3 Potable Water samples each month. Analysis results shall be reported within 10 business days to the COR. The potable water samples will be collected by the BVAMC and delivered to the Contractor. Sample bottles to collect the water samples will be provided by the Contractor.

BVAMC staff will perform the onsite potable water sampling, however sample media and means to transport the samples to the Contractor’s analytical laboratory must be provided. If the samples must be shipped, then the Contractor must provide a way to do so at no additional cost to the BVAMC. If the analytical laboratory is located in the Boise, Idaho Metropolitan Area then

BVAMC staff may be able to deliver the samples.

The Contractor must be accredited by one of the following accrediting bodies:

• National Environmental Laboratory Accreditation Program (NELAP)

• American Association for Laboratory Accreditation (A2LA)

• Environmental Microbiology Laboratory Accreditation Program (EMLAP)

The Contractor shall analyze the Potable Water samples using the following parameters:

Parameter Method Units Minimum Reporting Limit

Total Coliform & E.

Coli

SM 9223 CFU/mL 1

Other Considerations:

Security: The contractor will be responsible for ensuring compliance with all VA procedures governing building access and security. The Contractor will be responsible for ensuring compliance by its employees with the security regulations of VA, Veterans Health Administrative

(VHA) and other Government installations where work is performed under this contract. A contractor’s badge will need to be acquired from FMS in Building 50 upon arrival prior to doing any work on campus.

Commitment to Protect Sensitive Information: The contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information. All personnel assigned to this contract are required to take proper precautions to protect privacy information from disclosure in the case that such disclosures are made.

The contract will be a single-award Firm-Fixed-Price contract. The period of performance will be for a five (5) year ordering period. Firm-Fixed-Price Task Orders will be awarded to provide the required services.

Escort: An escort will not be provided to the Contractor for work performed in Buildings 27, 67, 85, 116, 121, 122, & 123, they are expected to be able to perform the duties outlined in this statement of work independently. An escort will be required for work performed in Buildings 30, 114, & 117. The Contractor must contact the COR to schedule the escort.

Extra Legionella and Bacteria samples can be requested upon request at the same price as listed, not to exceed 20 Legionella samples and 4 Bacteria Samples. The Contractor will request approval from the COR before running additional samples.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025 DEVIATION)

(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)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

(DEV NOV

2025)

52.209-10

52.219-6

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(NOV 2025) (DEVIATION)

(DEV NOV

2025)

(DEV NOV

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

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

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

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

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025

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

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) NOV 2025

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION)

NOV 2025

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD (DEV NOV

2025)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (DEV NOV

2025)

52.244-

6DEV

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

(DEV OCT

2025)

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

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.

(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 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the

Federal Acquisition Security Council (FASC) develops and maintains and publishes in the

System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance

Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

https://www.sam.gov

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part

121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply

Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of

Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a

DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the

President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service…