S02 36C26026Q0925.docx
DOCX document 204 KB Posted
- Solicitation number
- 36C26026Q0925
About this file
This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services issued by the Department of Veterans Affairs, Veterans Health Administration, VISN 20 (Portland VA Medical Center). The solicitation seeks a Paperless Medication Guides & Patient Education Platform for the Portland VA Outpatient Pharmacy and Vancouver VA Outpatient Pharmacy, with an estimated contract value of $47 million. The solicitation was issued on August 11, 2026, with offers due by September 8, 2026, at 1:00 PM PDT. The contract will be awarded as a Purchase Order covering a Base Year (November 1, 2026 – October 31, 2027) plus four Option Years extending through October 31, 2031.
The contractor must provide a fully managed, cloud-based solution that generates unique QR codes on prescription labels linking Veterans to FDA-approved medication guides, patient education materials, and instructional videos integrated with ScriptPro pharmacy automation systems. Key requirements include bilingual content (English and Spanish) at a 4th–6th grade reading level, Section 508 accessibility compliance, no Protected Health Information encoding in QR codes, 99% system uptime, 100% content accuracy, annual content updates, support response within one business day, and integration with Cerner/Oracle Health EHR workflows. The contracting officer is Jose Ronstadt (jose.ronstadt@va.gov, 360-852-9885). Invoices must be submitted electronically per VA requirements to the Financial Services Center in Austin, Texas, with payment via Electronic Funds Transfer within Net 30 days. Offerors must submit unit prices for the Base Year and all four Option Years, with evaluation based on technical factors carrying greater weight than price, and noncompliant proposals deemed ineligible for award.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| S02 36C26026Q0925 Combined Synopsis.docx | DOCX document |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
36C26026Q0925
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
08-11-2026 José Ronstadt 360-852-9885 09-08-2026 13:00
PDT
36C260 Network Contracting Office 20
ATTN: V4CONT
1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661 x
513210 $47 Million Net 30 Days
N/A X
36C648 Department of Veterans Affairs Portland VA Medical Center 3710 SW US Veterans Hospital Rd Portland, OR 97239
36C260 Network Contracting Office 20
ATTN: V4CONT
1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661
Dept of Veterans Affairs
FMS-VA-2(101)
Financial Services Center
PO BOX 149971
Austin TX 78714-9971
See CONTINUATION Page 1.This is a solicitation for the following:
Paperless Medication Guides & Patient Education Platform.
2. A Purchase Order (PO) with a Base Year plus four Option Years will be awarded from this solicitation.
Base Year: 11/01/2026-10/31/2027 Option Year One (1): 11/01/2027-10/31/2028 Option Year Two (2): 11/01/2028-10/31/2029 Option Year Three (3): 11/01/2029-10/31/2030 Option Year Four (4): 11/01/2030-10/31/2031
3. Please see the Continuation Pages below for details regarding the submission of quotes, E.1 52.212-1.
4. For further information, please contact José Ronstadt at jose.ronstadt@va.gov.
See CONTINUATION Page
José Ronstadt Contracting Officer
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 STATEMENT OF WORK | 7 |
| B.3 PRICE/COST SCHEDULE | 7 |
| ITEM INFORMATION | 7 |
| B.4 DELIVERY SCHEDULE | 8 |
| SECTION C - CONTRACT CLAUSES | 9 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 9 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 14 |
| C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 15 |
| C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 15 |
| C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) | 16 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 27 |
| SECTION E - SOLICITATION PROVISIONS | 28 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 28 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 29 |
| E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 30 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C260 Network Contracting Office 20
ATTN: V4CONT
1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661
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.fsc.va.gov/einvoice.asp
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF WORK (SOW)
Paperless Medication Guides & Patient Education Platform VA Portland Health Care System Portland & Vancouver Outpatient Pharmacies
1.0 PURPOSE
The purpose of this contract is to procure a paperless delivery system for FDA-required medication guides and patient education materials through QR-code access printed on outpatient prescription labels. This solution will replace the current paper-based workflow and provide Veterans with digital access to medication information, videos, transcripts, and administration instructions. The system will increase operational efficiency, reduce costs, and minimize HIPAA exposure associated with printed medication guides.
2.0 BACKGROUND
Outpatient pharmacies are required under FDA regulation 21 CFR 208 to provide medication guides with specific prescriptions. The current workflow prints 3–6 pages per prescription and requires manual collation, contributing to high labor, toner, and paper costs, as well as risk of HIPAA violations when printed documents are mishandled. VISN 10 previously documented the need for a QR-based electronic medication-guide solution that integrates with pharmacy automation systems and aligns with VA modernization efforts. Local SBAR analysis demonstrates significant annual savings, operational efficiencies, and successful implementation at peer VA facilities using ScriptPro.
3.0 SCOPE OF WORK
The Contractor shall provide a fully managed, cloud-based paperless medication-guide solution that:
1. Generates a unique QR code on the prescription label for each outpatient prescription.
2. Links Veterans to FDA-approved, up-to-date medication guides, patient education sheets, and instructional videos.
3. Integrates with ScriptPro automation to ensure medication-specific information is available for every prescription.
4. Provides content in English and Spanish, written at a 4th–6th grade reading level.
5. Provides videos compliant with Section 508 accessibility requirements.
6. Ensures pharmacy staff can opt Veterans out of electronic guides upon request.
7. Ensures no Protected Health Information (PHI) is encoded in or transmitted through the QR code.
4.0 TASKS AND REQUIREMENTS
4.1 System Integration
The Contractor shall integrate the QR-code solution with ScriptPro outpatient pharmacy systems, ensure QR code population on labels, and maintain compatibility with Cerner/Oracle Health EHR workflows.
4.2 Content Requirements
The Contractor shall provide FDA-approved content, medication-specific videos, transcripts, images, and annual content updates.
4.3 Data Security and Privacy
The Contractor shall ensure no PHI is encoded, stored, or transmitted and shall meet all VA security and Section 508 accessibility requirements.
4.4 Training & Implementation Support
The Contractor shall provide implementation support, go-live assistance, staff training materials, and technical assistance.
4.5 Maintenance & Technical Support
The Contractor shall maintain uptime ≥ 99%, provide continuous cloud access, and respond to support inquiries within one business day.
5.0 DELIVERABLES
Implementation deliverables include ScriptPro integration, QR-code label functionality, training materials, and accessibility documentation. Ongoing deliverables include content updates, platform maintenance, and technical support.
6.0 PLACE OF PERFORMANCE
Portland VA Outpatient Pharmacy and Vancouver VA Outpatient Pharmacy.
7.0 INVOICING AND PAYMENT
The Contractor shall invoice through IPP per VA requirements. Invoices must be submitted to the designated COR.
8.0 SECURITY AND PRIVACY
The Contractor shall comply with VA Handbook 6500 and all relevant directives. No PHI shall be stored or transmitted.
9.0 PERFORMANCE STANDARDS
System uptime ≥ 99%; content accuracy 100%; updates annually and with FDA changes; support response time ≤ 1 business day; accessibility WCAG 2.1 AA.
10.0 CONTRACTING OFFICER AUTHORITY
Only the Contracting Officer may authorize changes to this contract.
11.0 GOVERNMENT FURNISHED INFORMATION (GFI)
VA will provide ScriptPro configuration details, label formatting specifications, and COR contact information.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
Offerors, please provide your best unit price for the Base and all four Option Years.
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 2.00 |
| EA |
| __________________ |
| __________________ |
Paperless Medication Guides & Patient Education Platform, for Portland VA Outpatient Pharmacy and Vancouver VA Outpatient Pharmacy.
Contract Period: Base POP Begin: 11-01-2026 POP End: 10-31-2027
| 2.00 |
| EA |
| __________________ |
| __________________ |
Paperless Medication Guides & Patient Education Platform, for Portland VA Outpatient Pharmacy and Vancouver VA Outpatient Pharmacy.
Contract Period: Option 1 POP Begin: 11-01-2027 POP End: 10-31-2028
| 2.00 |
| EA |
| __________________ |
| __________________ |
Paperless Medication Guides & Patient Education Platform, for Portland VA Outpatient Pharmacy and Vancouver VA Outpatient Pharmacy.
Contract Period: Option 2 POP Begin: 11-01-2028 POP End: 10-31-2029
| 2.00 |
| EA |
| __________________ |
| __________________ |
Paperless Medication Guides & Patient Education Platform, for Portland VA Outpatient Pharmacy and Vancouver VA Outpatient Pharmacy.
Contract Period: Option 3 POP Begin: 11-01-2029 POP End: 10-31-2030
| 2.00 |
| EA |
| __________________ |
| __________________ |
Paperless Medication Guides & Patient Education Platform, for Portland VA Outpatient Pharmacy and Vancouver VA Outpatient Pharmacy.
Contract Period: Option 4 POP Begin: 11-01-2030 POP End: 10-31-2031
| GRAND TOTAL |
| __________________ |
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 2.00 |
| 10-31-2027 |
| 2.00 |
| 10-31-2028 |
| 2.00 |
| 10-31-2029 |
| 2.00 |
| 10-31-2030 |
| 2.00 |
| 10-31-2031 |
Portland VA Outpatient Pharmacy 3710 SW US Veterans Hospital Rd Portland, OR 97239
Vancouver VA Outpatient Pharmacy 1601 E. Fourth Plain Blvd Vancouver, WA 98661
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract,
(5) Solicitation provisions incorporated in the solicitation.
(6) Other paragraphs of this clause.
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS |
| NOV 2023 |
| 52.203-19 |
| PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS |
| JAN 2017 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION) |
| NOV 2025 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS |
| NOV 2015 |
| 52.219-4 |
| NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION) |
| NOV 2025 |
| 52.222-3 |
| CONVICT LABOR (DEVIATION) |
| NOV 2025 |
| 52.222-36 |
| EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION) |
| NOV 2025 |
| 52.222-41 |
| SERVICE CONTRACT LABOR STANDARDS (DEVIATION) |
| NOV 2025 |
| 52.222-42 |
| STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES |
| MAY 2014 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS (DEVIATION) |
| NOV 2025 |
| 52.222-55 |
| MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (DEVIATION) |
| NOV 2025 |
| 52.222-62 |
| PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (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 |
| 52.232-36 |
| PAYMENT BY THIRD PARTY (DEVIATION) |
| NOV 2025 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| MAR 2023 |
| 52.233-3 |
| PROTEST AFTER AWARD |
| AUG 1996 |
| 52.233-4 |
| APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM |
| OCT 2004 |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
| 852.215-70 |
| SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEVIATION) |
| JAN 2023 |
| 852.215-71 |
| EVALUATION FACTOR COMMITMENTS |
| OCT 2019 |
| 852.222-71 |
| COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION) (APR 2025) |
| APR 2025 |
| 852.232-72 |
| ELECTRONIC SUBMISSION OF PAYMENT REQUESTS |
| NOV 2018 |
| 852.242-71 |
| ADMINISTRATIVE CONTRACTING OFFICER |
| OCT 2020 |
(End of Addendum to 52.212-4)
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 30 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 years.
(End of Clause) C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of Clause)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
Section Left Intentionally Blank
Page 1 of
Page 1 of
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—
(1) The solicitation number;
(2) The name, address, telephone number of the Offeror;
(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;
(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;
(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and
(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.
(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(c) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.
(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.
(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.
(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.
(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.
(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award.
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.
(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.
(End of Provision) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provision)
| FAR Number |
| Title |
| Date |
| 52.203-18 |
| PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION |
| JAN 2017 |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (DEVIATION) |
| NOV 2025 |
| 852.239-75 |
| INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE |
| FEB 2023 |
(End of Addendum to 52.212-1) E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
Technical Price
Evaluation will consider both technical and price factors, with technical factors carrying greater weight. To be eligible for award, offerors must fully comply with all requirements in the Statement of Work, Section B. Noncompliant proposals will not be considered.
(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
Page 1 of
Page 1 of
File details come from the government source that posted it. Updated .