S02 - 36C26327Q0023.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

36C26327Q0023 09-25-2026

Alisha Milander (701) 239-3700 ext. 3176 10-09-2026

12:00 PM CDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

X

221310

$41 Million

N/A

VA BLACK HILLS HEALTH CARE SYSTEM

HOT SPRINGS VA MEDICAL CENTER

500 N 5TH ST

HOT SPRINGS SD 57747

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Y

FINANCIAL SERVICES CENTER

PO BOX 149971

AUSTIN TX 78714-9971

See CONTINUATION Page

The Contractor shall provide Water Treatment, Maintenance, and Monitoring Services in accordance with the Price/Cost

Schedule and the Statement of Work.

Prior to submitting a quote, review all documentation in this solicitation.

Review and follow INSTRUCTIONS TO OFFERORS in Section E. E.1

52.212-1 Addendum. See also E.3 52.212-2 EVALUATION -

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

Email ALL required and completed documents to:

Alisha Milander at Alisha.Milander@va.gov

Failure to provide all required and completed documents by the due date will result in a non-responsive determination.

Submit all questions via email by 10/05/2026 at 08:00am CDT.

See CONTINUATION Page

X X

X 1

Traci Johannes

VA-VHA-RPOC-2025-0004

36C26327Q0023

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

B.4 IT CONTRACT SECURITY

B.5 RECORDS MANAGEMENT OBLIGATIONS

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

ADDENDUM TO 52.217-8 EVALUATION OF OPTION TO EXTEND

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

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

2014)

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

(DEVIATION APR 2026)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

(DEVIATION)

C.9 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1: S02 - DOL WD 2015-5377 Rev 32 Dated 08-13-2026

Attachment 2: S02 - TMS 20939 No Access Training

Attachment 3: S02 - VHA Directive 1061(4)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

ADDENDUM to 52.212-1 INSTRUCTIONS TO OFFERORS — COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

SERVICES (DEVIATION AUG 2025)

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

E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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 36C263

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Contractor shall provide Water Treatment, Maintenance, and

Monitoring Services in accordance with the Statement of Work.

Contract Period: Base POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

Monitoring Services in accordance with the Statement of Work.

Contract Period: Option 1 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Monitoring Services in accordance with the Statement of Work.

Contract Period: Option 2 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Monitoring Services in accordance with the Statement of Work.

Contract Period: Option 3 POP Begin: 11-01-2029 POP End: 10-31-2030 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

Monitoring Services in accordance with the Statement of Work.

Contract Period: Option 4

POP Begin: 11-01-2030 POP End: 10-31-2031 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

I. Overview

A. The Department of Veterans Affairs, Hot Springs Veterans Administration Medical

Center (VAMC), Hot Springs SD, requires a firm-fixed price contract for a service program providing water treatment, maintenance, and monitoring of all domestic water systems. The Hot Springs VAMC owns a total of four (4) water treatment units. Below is a listing of those units:

1. The SANIKILL SaniTec SKHP/1000 is located in Building 18, and it feeds monochloramine and corrosion inhibitor into the domestic cold water system.

2. Two SANIKILL-Lite SKHP/025 are located in Buildings 10 and 12 (one in each location), and they feed and control monochloramine into the domestic hot water systems.

3. One SANIKILL-Lite SKHP/025 is located in Building 29, and it feeds and controls monochloramine into the domestic cold water systems.

B. Hot Springs VAMC personnel will be responsible for weekly testing of free chlorine, total chlorine, monochloramine, free ammonia, total ammonia, orthophosphate, and zinc in the hot and cold water treated systems. Based on the water sampling results, the Contractor will be required to adjust the SANIKILL system setpoint.

II. Scope of Work

A. SANIKILL Units:

1. The Contractor shall provide all labor, management, tools, travel, supplies, consumables, equipment, culturing, testing, and qualified personnel necessary to provide monochloramine and corrosion inhibitor dosing to the domestic water systems.

2. Monochloramine levels are to be maintained between 2-4 parts per million

(ppm) throughout the domestic water system. Corrosion inhibitor levels are to be maintained at 8-12 ppm throughout the system.

3. The Contractor shall ensure that all work accomplished in the performance of this Statement of Work (SOW) meets all applicable Federal, State, and local laws, regulations, and directives. This includes, but is not limited to, Veterans

Health Administration (VHA) Directive 1061(4) – Prevention of Health Care-

Associated Legionella Disease and Scald Injury from Water Systems.

4. The Contractor shall provide continual remote monitoring from a web-based system for proper system operation and function. The web-based system shall monitor all aspects of incoming water as required by VHA Directive

1061(4). The Contractor shall provide access to the web-based system to the Contracting Officer’s Representative (COR) and up to five (5) other

Veterans Administration (VA) users. The COR will provide the names of users at the start of the base and each option year period.

5. The Contractor shall conduct at least one (1) monthly site visit to perform a system visual inspection in accordance with the manufacturer’s instructions, to collect water samples at distal sites of the cold water systems in Building

29 and the hot water loops in Buildings 10 and 12, to adjust the chemical feeds as required in accordance with the manufacturer’s recommendations, to calibrate equipment, to perform preventive maintenance (PM), to replace any parts as required to ensure optimal operation, and to address all errors or alarms on the equipment. The Contractor shall conduct additional site visits within the month at no additional cost, if necessary, to ensure all equipment is operating properly. A summary of all actions performed is to be submitted to the COR within five (5) business days of every site visit.

6. The Contractor is responsible for ensuring that feed tanks for chemicals and consumables at all treatment sites are filled to the full level during each monthly visit to prevent the feed tanks from going dry to ensure continuous operation of water treatment. All chemicals are required to be stored in accordance with published safety data sheets.

7. The Contractor shall provide no less than one (1) training session per year for facilities personnel operating the SANIKILL systems. The annual training session shall be scheduled at the direction of the COR. The training shall be in-person and of a sufficient length of time to demonstrate how the units operate and what steps are required to turn the units off in case of emergencies.

8. The Contractor shall provide a formal written program review annually via email to the COR. The report shall provide a summary of the quantities of chemicals used, the amount of water treated, the trends of monochloramine levels and injection rates, a summary of site visits, the trainings provided, and any recommendations for system changes.

B. SANIKILL Reagent Requirements:

1. Water treatment reagents must be manufactured by Klenzoid, Inc. (or be equal to those reagents manufactured by Klenzoid, Inc. that are described below) and be designed for use with the SANIKILL systems owned by the Hot

Springs VAMC. No substitutions will be considered or allowed unless approved by the COR.

2. A sufficient supply of reagents and chemicals shall be supplied to treat the following amount of water (in million gallons per year) in each system:

a. Building 18: 36.90 MM GPY

b. Building 10: 4.02 MM GPY

c. Building 12: 4.38 MM GPY

d. Building 29: 1.10 MM GPY

3. The following reagents or an approved equivalent shall be required (if discontinued, then a substitute shall be approved by the COR, and then shall be used):

a. Building 18:

i. Zebion 480SL or Equivalent Reagent (Water 65%, Ammonium

Sulfate 35%)

ii. Enoxin 1250 or Equivalent Reagent (Water 85 – 90%, Sodium hypochlorite 10 – 15%)

iii. Klenphos 400 or Equivalent Reagent (% (w/w): Water 26.1 -

72.72%, Potassium hydroxide 10.46 – 30%, Tetrapotassium pyrophosphate 8.55 - 25.68%, Phosphoric acid 5.88 – 18%, Zinc chloride 0.22 - 2.39%)

b. Building 10:

i. Zebion 50 or Equivalent Reagent (Water 94.65%, Ammonium chloride 5.35%)

ii. Enoxin P10Plus or Equivalent Reagent (Water 89%, Sodium hypochlorite 10%, Sodium hydroxide 1%)

c. Building 12:

i. Zebion 50 or Equivalent Reagent (Water 94.65%, Ammonium chloride 5.35%)

ii. Enoxin P10Plus or Equivalent Reagent (Water 89%, Sodium hypochlorite 10%, Sodium hydroxide 1%)

d. Building 29:

i. Zebion 50 or Equivalent Reagent (Water 94.65%, Ammonium chloride 5.35%)

ii. Enoxin P10Plus or Equivalent Reagent (Water 89%, Sodium hypochlorite 10%, Sodium hydroxide 1%)

C. Reagent Delivery Requirements:

1. Hot Springs VAMC personnel will not be responsible for handling reagent chemicals.

2. The Contractor shall notify the COR prior to the delivery date of any reagent to gain access to the units.

3. At Building 18, chemical reagents shall be delivered to the feed tanks and placed within the feed tanks by the Contractor. The Contractor shall be responsible for ensuring the reagent levels in the feed tanks are at the full level to prevent the feed tanks from going dry before the next monthly service or in case of domestic water system failures. The feed tank for Zebion 480SL or Equivalent Reagent is 70 gallons, the feed tank for Enoxin 1250 or

Equivalent Reagent is 120 gallons, and the feed tank for Klenphos 400 or

Equivalent Reagent is 70 gallons.

4. At Buildings 10 and 12, the chemical reagent shall be delivered to the designated spill platform location to allow the unit to extract the reagent from the feed tank. The shipping container that the reagent comes in, which is normally 30 gallons in size, is used as the feed tank. The Contractor shall be responsible for ensuring the reagent levels in the feed tanks are at the full level by either filling monthly or switching shipping containers to prevent the feed tanks from going dry before the next monthly service or in case of domestic water system failures.

5. At Building 29, the chemical reagent shall be delivered to the designated spill platform to allow the unit to extract the reagent from the feed tank. The shipping container that the Zebion 50 or Equivalent Reagent comes, in which is normally 30 gallons in size, is used as the feed tank. The shipping container that the Enoxin P10Plus or Equivalent Reagent comes in, which is normally 15 gallons in size, is used as the feed tank. The Contractor shall be responsible for ensuring the reagent levels in the feed tanks are at the full level by either filling monthly or switching shipping containers to prevent the feed tanks from going dry before the next monthly service or in case of domestic water system failures.

D. Equipment PM Requirements:

1. During each monthly service call, the Contractor shall perform the following

SANIKILL PMs:

a. Calibrate the Oxidation‑Reduction Potential (ORP) Probe and clean the ORP housing if fouled.

b. Replace the dispersion rings and clean the injectors.

c. Check all system components for evidence of leaks.

d. Replace any leaking or damaged components. All replacement components shall be Original Equipment Manufacturer (OEM) parts from Sanipur US LLC.

e. Address and prevent a continuation of all errors and alarms on all equipment.

2. Every six (6) months the following SANIKILL PM shall be performed:

a. Replace the ORP Probe. These shall be OEM replacement parts.

3. Annually, the following SANIKILL PM shall be performed:

a. Rebuild the liquid end of both pumps, including but not limited to, O-ring replacement, diaphragm replacement, internal check valve replacement, and all other parts included in the manufacturer’s annual overhaul kit. All replacement components shall be OEM parts.

b. Following the annual overhaul, calibrate the pump draw on both pumps.

c. Replace feed tank check valves.

d. Replace pulse sensors and sensor shaft.

e. Update firmware as needed.

E. Safety Requirements:

1. Safety data sheets shall be provided by the Contractor for the storage, personal protective equipment, training, and use of all chemicals.

III. Contractor Qualifications

A. The Contractor shall be required to be an authorized distributor and servicer of

Sanipur US LLC equipment, parts, and replacement parts. Evidence of current distributorship and ability to service their equipment shall be maintained throughout the life of the contract. The Contractor shall provide evidence of this upon request throughout the life of the contract.

B. The Contractor shall have been engaged in the operation of potable water treatment equipment designed for legionella control in a health care setting for a minimum period of five (5) years prior to the start date of the contract.

C. Work performed under this contract shall be overseen by an individual possessing a

“Certified Water Technologist” (CWT) certification by the Association of Water

Technologies (the water treatment industry trade association) accredited examination program, and be a certified ASSE 12080 Legionella Water Safety and

Management Specialist. Evidence of current certification shall be maintained throughout the life of the contract. The Contractor shall provide evidence of this upon request throughout the life of the contract.

IV. Contract Performance

A. The Period of Performance for the Contract shall be:

Base Period: 11/01/2026 – 10/31/2027

Option Period 1: 11/01/2027 – 10/31/2028

Option Period 2: 11/01/2028 – 10/31/2029

Option Period 3: 11/01/2029 – 10/31/2030

Option Period 4: 11/01/2030 – 10/31/2031

B. The place of performance for this work is the VA Black Hills Health Care System:

Hot Springs VA Medical Center

500 N 5th St

Hot Springs, SD 57747

C. Normal hours of operation are 7:30am to 4:00pm MT, Monday-Friday, except for the following Federal Holidays:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day

Juneteenth National Independence Day Independence Day

Labor Day Columbus Day

Veterans Day Thanksgiving Day

Christmas Day

V. VA Security

A. All Contractor and, if applicable, Subcontractor personnel shall be required to pass a background check and be fingerprinted to receive a Contractor’s Flash Badge prior to performing any work on VA grounds. The Contractor shall work with the COR during this process within the first 5-7 business days after the contract award date.

The Contractor shall notify the COR immediately each time a new Contractor and/or

Subcontractor employee is hired to perform the work of this SOW in order to initiate the background check and fingerprint requirements for that new employee.

B. Appropriate Contractor personnel (as determined by the VA) performing the duties of the SOW shall complete the computer-based training course “TMS 20939 No

Access.”

C. The Contractor shall adhere to only the following IT security sections contained in the

IT Contract Security Clause below (VHA Handbook 6500.6):

1. GENERAL

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY

1. GENERAL

This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as

VA personnel regarding information and information system security and privacy.

2. VA INFORMATION CUSTODIAL LANGUAGE – This section is not applicable.

3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS – This section is not applicable.

4. TRAINING – This section is not applicable.

5. SECURITY INCIDENT INVESTIGATION – This section is not applicable.

6. INFORMATION SYSTEM DESIGN AND DEVELOPMENT – This section is not applicable.

7. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE – This section is not applicable.

8. SECURITY AND PRIVACY CONTROLS COMPLIANCE TESTING, ASSESSMENT AND

AUDITING – This section is not applicable.

9. PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-COUNTERFEIT AND

ANTI-TAMPERING – This section is not applicable.

10. VIRUSES, FIRMWARE AND MALWARE – This section is not applicable.

11. CRYPTOGRAPHIC REQUIREMENT – This section is not applicable.

12. PATCHING GOVERNANCE – This section is not applicable.

13. SPECIALIZED DEVICES/SYSTEMS (MEDICAL DEVICES, SPECIAL PURPOSE

SYSTEMS, RESEARCH SCIENTIFIC COMPUTING) – This section is not applicable.

14. DATA CENTER PROVISIONS – This section is not applicable.

(End of Clause)

B.5 RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle

Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Veterans Health Administration records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their

Veterans Health Administration contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act

(FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with

Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Veterans Health Administration and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of Veterans Health Administration or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Veterans Health Administration. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity.

When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Veterans Health Administration control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY

PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by

Government and Veterans Health Administration guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

8. The Contractor shall not create or maintain any records containing any non-public

Veterans Health Administration information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Veterans Health Administration owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which Veterans Health Administration shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Veterans Health Administration-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to subcontractors

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

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

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)

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_2

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

FAR

Number

Title Date

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT ALTERNATE I (NOV 2021)

JUN 2020

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

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 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

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

(DEVIATION)

NOV 2025

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (DEVIATION)

NOV 2025

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

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

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

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

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION)

NOV 2025

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

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS)

(DEVIATION)

NOV 2025

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

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (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

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) SEP 2025

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS FEB 2021

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 AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION)

APR 2026

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

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

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 at least one (1) day of contract expiration.

ADDENDUM TO 52.217-8 EVALUATION OF OPTION TO EXTEND

Evaluation of Option to Extend Services under 52.217-8. For the purposes of the award of this

Contract, the Government intends to evaluate the option to extend services, provided under

FAR 52.217-8, as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under

FAR 52.217-8.

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 at least one (1) day of contract expiration; provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least seven (7) 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

Employ…