S02 36C26126Q0295 Fire Extinguisher Annual Inspection.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

36C261-26-AP-1004

36C26126Q0295 12-31-2025

Lydia Anderson | Lydia.anderson@va.gov 702-791-9000 ext 13072 01-09-2026

10:00 AM PST

00261 Department of Veterans Affairs Network Contracting Office 21

X 100

X

811310

$12.5 Million

N/A

See Statement of Work

00261

Network Contracting Office 21

Financial Services Center P.O. Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Fire Extinguisher Annual Inspection/6yr. Maintenance Services in accordance with the Statement of Work.

Base Period of Performance: 01/22/2026 - 01/21/2027 With four 1-year option periods.

Note 1: Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their addendums included in this solicitation.

Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

Note 2: All questions must be submitted to Lydia.anderson@va by 10:00 am PST on 01/05/2026.

See CONTINUATION Page

X 1

36C26126Q0295

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

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025)

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) ...18

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

2014)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION NOV

2025)

C.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..30

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023) (DEVIATION OCT 2025)

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

ITEMS

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

1998)

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

E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

(DEVIATION NOV 2025)

E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) (DEVIATION OCT 2025)

E.8 ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) (DEVIATION OCT 2025)

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 36C261

Network Contracting Office 21

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] Yearly

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. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the period of performance of this acquisition.

Current invoicing information is located at http://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 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 YR ________________

Fire Extinguisher Annual Inspection/6yr. Maintenance in accordance with the SOW Contract Period: Base POP Begin: 01-22-2026 POP End: 01-21-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: 1290 - Miscellaneous Fire Control Equipment

MANUFACTURER PART NUMBER (MPN): N/A

Fire Extinguisher Annual Inspection/6yr. Maintenance in accordance with the SOW Contract Period: Option 1 POP Begin: 01-22-2027 POP End: 01-21-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: 1290 - Miscellaneous Fire

Fire Extinguisher Annual Inspection/6yr. Maintenance in accordance with the SOW Contract Period: Option 2 POP Begin: 01-22-2028 POP End: 01-21-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: 1290 - Miscellaneous Fire

Fire Extinguisher Annual Inspection/6yr. Maintenance in accordance with the SOW Contract Period: Option 3

POP Begin: 01-22-2029 POP End: 01-21-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: 1290 - Miscellaneous Fire

Fire Extinguisher Annual Inspection/6yr. Maintenance in accordance with the SOW Contract Period: Option 4 POP Begin: 01-22-2030 POP End: 01-21-2031 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: 1290 - Miscellaneous Fire

GRAND TOTAL ________________

B.3 STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Portable Fire Extinguishers Inspection, Testing, and Maintenance at the Department of Veteran Affairs, Pacific Islands Health Care Systems (VA

PIHCS).

2. Scope of Work: The contractor shall provide all labor, materials, tools, equipment, and supervision required to perform the following:

a. Annual Inspections

i. Conduct a thorough inspection of all portable fire extinguishers.

ii. Verify location, visibility, accessibility, and legibility of labels and operating instructions.

iii. Confirm proper type and placement per hazard classification (per

NFPA 10 Table 6.3.1.1).

iv. Ensure tamper seals, safety pins, and operating handles are intact.

v. Document deficiencies and corrective actions.

b. Maintenance and Testing

i. Perform annual maintenance on all extinguishers per NFPA 10 Chapter 7.

ii. Conduct the required 6-year maintenance for stored pressure extinguishers.

iii. Conduct the required 12-year hydrostatic testing and recharging.

iv. Replace defective parts (pins, seals, hoses, gauges, brackets).

v. Recharge extinguishers following manufacturers’ recommendations and NFPA 10 standards.

c. Certification and Tagging

i. Apply tamper-resistant tags/stickers showing date of service, type of service, and technician ID.

ii. Maintain complete service records for each unit.

iii. Provide electronic reports compatible with VHA recordkeeping systems.

3. Background: The National Fire Protection Association (NFPA) requires that portable fire extinguishers be inspected, tested and maintained in accordance with NFPA 10. The VA adopts the latest edition of the NFPA Codes. This service is also required per The Joint Commission (TJC) and Occupational Safety and Health Administration (OSHA).

B. GENERAL REQUIREMENTS

1. All work is to be done between the hours of 7:00 AM and 3:00 PM, Monday through Friday, unless otherwise specified.

2. The contractor must possess and furnish written proof of a fire extinguisher manufacturer factory service certification and/or National Association of Fire Equipment Distributors Portable Fire Extinguisher Technician certification relevant to the type of work performed.

3. Work dates shall be scheduled with COR a minimum of 2 weeks in advance.

4. The contractor will report to the VA Safety Office prior to starting any work to sign in and obtain a copy of the portable fire extinguisher inventory log.

5. A VA Safety Office employee will escort contractor personnel during the performance of all tasks required by this SOW. VA will NOT furnish tools, supplies or employees to assist with inspection and test work.

C. SPECIFIC MANDATORY TASK. Provide all labor, time, equipment, materials and supervision for the maintenance, testing, and inspection of fire extinguishers (quantities, sizes, and types may vary at any given time depending on construction, Code changes, or New purchases/ processes).

D. SCHEDULE OF DELIVERABLES

1. Annual maintenance is to be conducted in March and July of each year following all requirements listed in the latest edition of NFPA 10. The annual maintenance is to be conducted by a technician certified in accordance with the latest edition of NFPA 10. The annual maintenance is to include a dusting/ cleaning/ wipe down of each unit and re-installation of tamper seals and contractor provided tags dated with the current year. Perform 6-year and 12-year service as necessary.

a. This maintenance will be documented on mutually agreed upon tags

(contractor furnished) provided on each extinguisher and will include the month/ day/ year of maintenance. The contractor will document the annual maintenance on the back of the tag in month of service and initial.

b. The inspection will also be annotated on the inventory log provided by the VA verifying that the extinguisher received the required annual maintenance.

2. The contractor shall perform internal inspections and/or hydrostatic testing as required. The contractor shall provide and install temporary fire extinguishers in place of those units being serviced.

3. Fire Extinguishers that have been discharged and/or require full replacement and/or recharging will also be included in the contract.

4. Upon completion of all work, the contractor must provide a serialized list indicating maintenance performed and pass or fail criteria, to include: any corrective action taken for extinguishers required to be removed from service.

This serialized list must identify compliance with the latest edition of NFPA 10.

Standards and References

• NFPA 10 – Standard for Portable Fire Extinguishers

• OSHA 29 CFR 1910.157 – Portable Fire Extinguishers

• VHA Directive 7707 – Fire Protection Program

• Joint Commission LS.02.01.35 – Fire Extinguisher Requirements

• Local/state codes as applicable

Performance Requirements

• 100% compliance with NFPA 10 and VHA fire directives.

• Completion of inspections within 30 days of award.

• Emergency response and damaged fire extinguisher replacement within 24 hrs.

• Zero overdue inspections at any time.

Performance Period: The initial period of performance is for a base year (01/22/2026 - 01/21/2027) with four one-year options. Annual maintenance/inspections required by this contract is to be performed in March and July of each year.

Quality Assurance

• Monitored by VA PIHCS Safety and Engineering.

• Random spot checks may be conducted.

• Non-compliance will result in corrective action or contract termination.

Security & Safety

• Contractors must comply with the VA security, ID badge, and infection control policies.

• Work must not disrupt patient care.

• Hazardous materials must be handled per EPA/OSHA regulations.

Location of Work: The following Department of VA PIHCS are located on the Island of Oahu:

• ACC, 459 Patterson Road, Honolulu, Hawaii 96819

• Parking Structure, 459 Patterson Road, Honolulu, Hawaii 96819

• CLC, 459 Patterson Road, Honolulu, Hawaii 96819

• E-Wing, 459 Patterson Road, Honolulu, Hawaii 96819

• VA Warehouse, 3375 Koapaka Street, Suite D-155, Honolulu, Hawaii 96819

• Windward Community Based Outpatient Clinic (CBOC), 46-001 Kamehameha

Hwy, Kaneohe, Hawaii 96744

Title of Project: Services for fire extinguisher include annual maintenance of fire extinguishers as well as conducting routine inspections and testing such as annual inspections and the 6-year hydrostatic test for 5lb dry chemical ABC fire extinguishers, 10lb dry chemical ABC fire extinguishers, 10lb CO2 fire extinguishers, 10lb “K” fire extinguishers and 50lb CO2 fire extinguishers.

Summary: Vendor will conduct fire extinguisher annual and hydrostatic test for the Department of VA PIHCS located in Honolulu, Hawaii to include off-site locations within the Island of Oahu. The vendor will be responsible for developing and maintaining a record of annual service requirements and due dates for portable fire extinguishers located within VA PIHCS. The vendor shall perform all annual inspections and hydrostatic tests, which shall include all labor materials and transportation of extinguishers. Additionally, all service provided by the vendor must comply with the current National Fire Protection Agency (NFPA) 10 guidelines for fire extinguisher maintenance, which includes the annual service, 6-year service maintenance and 12-year service maintenance/ hydrostatic testing.

Scope of work will include:

1. Contractor to conduct onsite annual inspections at the Locations of Work listed above. The contractor will be responsible for identifying the different types of extinguishers by type and size and maintain records of the required annual and hydrostatic due dates as mandated by NFPA.

2. Contractors will provide backup fire extinguishers when it is necessary to take a fire extinguisher that is in use out of service for any period for maintenance or recharge. The contractor will maintain and ensure the list of all fire extinguishers, and their maintenance due dates are kept current for hydrostatic test collars and annual tags. The initial list will be provided by the VA PIHCS Safety Service.

3. The scheduled annual inspections should be scheduled for a minimum of 2 weeks in advance with the Contracting Officer Representative for all Locations of Work listed above and annotated on the inspection tag and via electronic record.

4. Estimated Quantities

ANNUAL Fire Extinguisher Checks are due in March of each year at the following locations:

Location # of Fire Extinguishers

ACC, 459 Patterson Road, Honolulu, Hawaii 96819 50 Parking Structure, 459 Patterson Road, Honolulu, Hawaii 96819

CLC, 459 Patterson Road, Honolulu, Hawaii 96819 23 E-Wing, 459 Patterson Road, Honolulu, Hawaii 96819 50

TOTAL 152

ANNUAL Fire Extinguisher Checks are due in July of each year at the following locations:

Location # of Fire Extinguishers

AIPA Warehouse, 3375 Koapaka St. Ste. 155, Honolulu, Hawaii 96819

Windward CBOC, 46-001 Kamehameha Hwy Ste. 301 Kaneohe, HI 96744

TOTAL 12

5. As needed, annual or emergency fire extinguisher pickups or exchanges will be made to replace used or damaged fire extinguishers.

6. The number of fire extinguishers may change due to ongoing construction at the various campuses.

Reports Required:

1. Annual fire extinguisher inventory and service report.

2. Annual fire extinguisher hydrostatic test service and schedule inventory.

3. Contract period is 01/22/2026 - 01/21/2027 (or one year from date of award if subsequent thereto) with four one-year renewal option periods through 01/21/2031.

Contractor Qualifications: The contractor must be certified and/or licensed to perform specified work and provide a copy to the COR before commencing work

Invoice / Payment: All invoices shall follow instructions confined in the contract.

Contractor Safety and Security Requirements: The contractor will follow the safety and security requirements outlined in the VA PIHCS Directives for personal suitability and security program (Attachment A).

Contractor Licenses and Permits: The contractor must have and maintain a current valid license to perform fire extinguisher services. The contractor will maintain and provide all licenses and permits required by Hawaii, Honolulu Counties and Federal authorities. Copies shall be provided to the COR.

Contractor Responsibilities:

1. In accomplishing any work under this contract, the contractor is totally responsible for his/her full compliance with all applicable, federal, state, and local government policies, regulations, procedures, specifications, and compliance with all NFPA, OSHA, VHA, and Joint Commission standards that apply to work of this nature

2. Ambulatory Care Clinic and Community Living Center: All on-site work performed at the VA PIHCS shall be between the hours of 0700am and 1500 hours, Monday through Friday, except Holidays. The contractor shall provide the names of employees and the applicable contact information (i.e., phone numbers and emails, etc.) to the COR, that are scheduled to work at any VA PIHCS site at least 48 hours before arriving on VA PIHCS premises.

3. Provide qualified, certified fire extinguisher technicians. Supply all parts, recharge agents, and maintenance equipment. Provide service reports and certification documentation.

Government Responsibilities: The COR will be responsible for performing any duties assigned by the VA Contracting Officer with regard to fulfilling the Contract personnel security requirements described herein:

1. Provide facilities, access and escort as required.

2. Provide inventory lists and locations of extinguishers.

3. Review and approve service documentation.

4. Provide Contractor with prior year inspection report.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT

2025)

(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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim 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/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_1 (FAR)

http://www.va.gov/oal/library/vaar/index.asp (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)

OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (DEVIATION NOV 2025)

NOV 2015

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(DEVIATION NOV 2025)

NOV 2020

52.219-33 NONMANUFACTURER RULE (DEVIATION NOV 2025) SEP 2021

52.222-3 CONVICT LABOR (DEVIATION NOV 2025) JUN 2003

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION NOV 2025)

JUN 2020

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION

NOV 2025)

AUG 2018

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT LABOR STANDARDS—PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS)

(DEVIATION NOV 2025)

AUG 2018

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION

NOV 2025)

OCT 2025

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS

UNDER EXECUTIVE ORDER 14026 (DEVIATION NOV

2025)

JAN 2022

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION NOV 2025)

JAN 2022

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 (DEVIATION NOV 2025) AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(DEVIATION NOV 2025)

OCT 2004

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.244-

6DEV

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION OCT 2025)

JAN 2025

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

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

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. The specified rates under this clause will be those rates in effect under the contract at the time the option is exercised.

(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 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

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

5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage—Fringe Benefits 23310 - Fire Extinguisher Repair $30.70/hr

23370 - General Maintenance Work $25.55/hr 23530 - Machinery Maintenance $40.73/hr

99050 - Desk Clerk $29.33/hr (End of Clause)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION

NOV 2025)

(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:

https://www.sam.gov/

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

(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 arrangements 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 that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential…