S02. 36C24926R0070.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* James H. Quillen VAMC Hoptel Lodging

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*

SOLICITATION NUMBER* 36C24926R0070

RESPONSE DATE/TIME/ZONE 08-31-2026 1500 EASTERN TIME, NEW YORK, USA

ARCHIVE 15 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SBA

PRODUCT SERVICE CODE*

NAICS CODE* 721110

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

POINT OF CONTACT*

Rick Grambo 423-905-5043 harry.gramboiii@va.gov

PLACE OF PERFORMANCE

ADDRESS James H Quillen VAMC six-mile radius, local hotels only

Corner of Lamont and Veterans Way Mountain Home Tennessee

POSTAL CODE 37684

COUNTRY UNITED STATES

ADDITIONAL INFORMATION

AGENCY’S URL N/A

URL DESCRIPTION N/A

AGENCY CONTACT’S EMAIL ADDRESS N/A

EMAIL DESCRIPTION N/A

DESCRIPTION

The U.S. Department of Veterans Affairs requires the use of furnished hotel or motel rooms, an average of 1-15+ rooms per night (the amount of hotel/motel rooms requested will vary) based on VA lodging needs daily each month. The rooms offered shall be within a six-mile radius of the James H. Quillen VA Medical Center, corner of Lamont & Veterans Way, Mountain Home, TN 37684.

This is a total small business set aside.

Please email solicitation questions to harry.gramboiii@va.gov

Questions due NLT 8/15/26 12:00 (noon) Eastern time

All solicitations are to be emailed to harry.gramboiii@va.gov NLT published solicitation cutoff time.

This shall be a single award requirements contract.

Please see instructions to offerors for required submission 52.212-1

The method of evaluation is comparative analysis as outlined in 52.212-2

36C24926R0070

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION)

C.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

C.8 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV

2025) (DEVIATION)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C249

Department of Veterans Affairs

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204

Murfreesboro TN 37129

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, after delivery and acceptance

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

1.0 INTRODUCTION

The U.S. Department of Veterans Affairs requires the use of furnished hotel or motel rooms, an average of 1-15+ rooms per night (the amount of hotel/motel rooms requested will vary) based on VA lodging needs daily each month. The rooms offered shall be within a six-mile radius of the James H. Quillen VA Medical Center, corner of Lamont & Veterans Way, Mountain Home, TN 37684.

2.0 SCOPE

2.1 The Contractor shall provide fully furnished hotel or motel rooms an average of 1-15+ rooms per night (the amount of hotel/motel rooms requested will vary based on daily VA lodging need, except for Contractor black-out dates due pre-scheduled local area events). The fully furnished hotel/motel rooms will include contractor provided utilities. The hotel/motel rooms shall comply with all city, county and state building codes and ordinances applicable to the ownership and operation of the building in which the rooms are located. Rooms shall comply with the applicable NFPA 101, 2000, Chapter 29. The rooms offered shall be within a six-mile radius of the James H. Quillen VA Medical Center, corner of Lamont & Veterans Way, Mountain Home, TN 37684.

2.2 It is agreed by the Contractor that reserved rooms will be held until 9:00 pm each day. Any of the rooms that are not reserved by the VA will be available for the Contractor to place back in their inventory for sale and the VA will not be billed for rooms not used.

3.0 REQUIREMENTS

3.1 All rooms shall be located in a single hotel or motel. (Hotel rating of 2 stars or above, with preference of a 3-star hotel.)

3.2 Each room shall be on the ground floor or be elevator serviced. Access to rooms shall be from internal hallways that are easily accessed from the front desk/elevator lobby area.

3.3 Each room shall be double occupancy and handicapped accessible or be ADA compliant (to include access by Service Animals).

3.4 Rooms shall be in a reasonably quiet or tranquil part of the hotel/motel.

3.5 All rooms will be non-smoking.

3.6 Contractor shall supply all utilities including heat, air conditioning, electricity, water and sewer, local telephone service, and basic television cable service.

3.7 Contractor shall provide each morning a continental breakfast or buffet, if available, at no additional charge.

3.8 On-site parking shall be available at no additional charge.

3.9 In the event the Veteran is in an accident of any kind, the Contractor shall first contact 911 emergency medical services to respond and then immediately notify authorized personnel of the Mountain Home VAMC, the AOD, or the COR of the emergency. A list of designated staff and contact information shall be provided to the contractor upon contract award.

3.10 The Contractor will retain contact information from the member upon check in (Name, address, contact # /info.- verified with valid I.D.) for any/all extra services (extra phone charges, sundries, smoking charges/other damages) or emergency situations. The government incurs no liability in these instances, and it is the Contractor’s responsibility to collect these charges from the individual(s).

3.11 It will be the responsibility of the Contractor to provide timely billing invoices in arrears of the month the services were provided on or about the 10th of the month.

3.12 Security: Parking facilities shall be available with adequate lighting.

3.13 All entrance doors to rooms shall have interior security locks, either deadbolt or double locking locks.

3.14 All exterior doors, with direct accept to guest quarters, will be locked and access controlled.

3.15 Occupancy: The VA must be able to take occupancy of the rooms no later than 14 calendar days following the award of the contract. The rooms must be in full compliance with all requirements of the contract by that date.

3.16 Inspection: The government reserves the right, at any time during the term of the contract, to inspect the premises and all other areas of the building to ensure a safe and healthy work environment for the Government tenants.

3.16.0 All findings of incomplete or unsatisfactory performance will be recorded, verbal notice given, and confirmed in writing. The lodging facility/Contractor will reply in writing, giving the reasons for the unsatisfactory condition, and the corrective action taken to prevent recurrence to the COR.

3.17 Room Reservations will be on the following basis:

3.17.0 The Contractor shall allow the occupancy of the room covered by this contract only upon the specific individual referral by the Contracting Officer’s Representative (COR) or staff designated by the COR. The VA will inform the Contractor of arrival date /departure date and obtain a confirmation/reservation number from the Contractor. The COR/staff designee will provide an additional back- up identifier (last initial/birth year) to the Contractor for situations in which the confirmation # is not available by the member at time of check in to identify their reservation/confirmation #.

3.17.1 For this contract, the Contractor shall use its existing check in and check-out times.

3.17.2 The COR or staff designated by the COR will notify the Contractor of when specific individuals will be checking in/ out of the hotel/motel. In the event that a VA referred occupant refuses to leave the room, the Contractor shall immediately notify the COR. Also, in the event that a VA referred occupant checks out of the hotel/motel-without prior notice from the VA the

Contractor shall immediately notify the COR or the VA Medical Center Officer of the Day if the check-out occurs in other than normal business hours.

3.17.3 Privacy and Confidentiality. The Contractor agrees to comply with the Privacy Act of 1974 and the agency rules and regulations issued under the Act and the design and development, or operation of any system of records on all Veteran Lodger to accomplish an Agency function. Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our Veteran, employees, volunteers, and their families. Regulations such as but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Freedom of information Act (FOIA ad Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with contracted services. Failure to comply with applicable statues and regulations can result in termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contract Officer, Contracting Office Representative (COR) or the Facility Privacy Officer.

3.18 The Contractor shall submit an invoice to the VA for payment for all rooms covered by this contract monthly in arrears. The invoice shall be for the actual number of rooms reserved in the previous month. Submit invoices to the following address:

Dept of Veterans Affairs

FSC

P.O. Box 149971

Austin, TX 78714

Phone 1-866-372-1141 fax 512-460-5545

3.19 DAILY ROOM SERVICE: Daily room service shall be provided each room on the following basis:

3.19.0 If the previous night's occupant is different from the VA referred occupant for the next night, the bed linens will be changed daily as the room occupants change.

3.19.1 Daily services include, but are not limited to, room cleaning, bed making, linen change (as required) and replacement of soap/towels, sanitized drinking glasses, facial tissues/other.

4.0 GENERAL BUILDING REQUIREMENTS & SPECIFICATIONS

4.1 Heating and Cooling Requirements:

4.1.0 Each room shall have permanently installed, functioning cooling and heating system with thermostatic control.

4.1.1 All cooling and heating devices and appliances shall be an approved type in good and safe working order and shall meet all installation and safety codes.

4.1.2 Contractor shall maintain all appliances and utility systems.

4.2 Electrical and Lighting Requirements:

4.2.0 Every room shall be provided with not less than two electrical receptacle outlets and electric light fixtures in accordance with the Furniture and Accessories section of this solicitation.

4.2.1 Every toilet room, bathroom, laundry room, furnace room, public hallway, porch, and flight of stairs between stories shall contain at least one (1) supplied electric light fixture. Where an interior stairway or public hallway changes in direction, more than one (1) supplied electric light fixture is required.

4.2.2 All electrical equipment, wiring and appliances shall be of an approved type, in good and safe working order and shall meet all installation and safety codes.

4.3 Sanitation Requirements: All plumbing fixtures shall be trapped and vented and connected to an approved sanitary sewer. All sanitary facilities, fixtures, equipment, structures, and premises shall be of an approved type, in safe and sanitary condition and in good working order and meet all installation and safety codes.

4.4 Telephone Service Requirements:

4.4.0 Contractor shall provide local area, touch tone, telephone service for each room. The telephone service shall be capable of long-distance telephone service when long-distance calls are placed using a telephone calling card or other telephone charge method.

4.4.1 Contractor shall provide one telephone in each room.

4.4.2 Telephone service shall be equipped with voice messaging system or front desk message service.

4.5 Interior Space Requirements: Standard lodging facility bedrooms will have a bed for an occupant that contains a pillow, tow sheets, mattress, mattress pad or cover, blankets, spread, wall to wall carpeting (desired) or other floor covering, a wall switch near the entrance door for at least one lamp, incandescent table or wall mounted lights for each bed, color TV, closet or hangar space, smoke detectors, individual thermostats, telephone, bathrooms with vanity, mirror, light with grounded electrical outlet, and exhaust fan/privacy outside window.

4.5.0 Rooms shall be constructed and finished to provide good light and sound attenuation.

All piping and wiring must be enclosed.

4.5.1 All finishes (walls and ceiling) should be free from damage, scars, marks, dirt and dust.

Vents and surrounding finishes must be free of dirt and dust.

4.5.2 Ceilings and walls shall be finished in paint or wall coverings.

4.5.3 All floors in living and sleeping areas shall have a clean, serviceable covering.

4.5.4 All windows shall be provided with drapes with blackout lining, shades or blinds.

4.5.5 Smoke and fire protection systems must be installed and meet federal, state or local fire codes.

4.5.6 Bathrooms must be constructed to provide convenient sanitary facilities. Wash basin and shower tub areas shall have a vanity table, a large lighted mirror, stopper devices, soap dishes, towel bars/hooks and grounded electrical outlets conveniently located for use of electric razors/hair dryers/etc. Loose, missing or badly worn/damaged wall tiles, floor tiles, fixtures or accessories are unacceptable. The fixtures controlling the flow of water must not be cracked or leaking and shall operate properly to maintain constant, adequate flow and temperature.

Bathrooms must have a working exhaust fan or alternative for adequate ventilation. The shower or shower/tub combination shall have shower doors or curtains.

4.6 Fire Safety:

4.6.0 Buildings in which space is offered shall be evaluated in accordance with latest editions of the National Fire Codes and Uniform Building Code.

4.6.1 Equipment, services, or utilities furnished, and activities of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, the contractor shall promptly correct hazards.

4.6.2 Maintenance of contractor-owned fire extinguishers shall be provided by the contractor in, accordance with NFPA Standard No: 101.

4.6.3 As required by code, smoke detectors/alarms shall be installed in each room, office, storage area, hallways, and other common areas.

4.7 Asbestos- No asbestos containing fireproofing or insulation on building structures, acoustical treatment, molded or wet-applied ceiling or wall finishes/decorations, will be permitted.

4.8 Wheelchair Accessibility: Rooms and common areas such as lobby, hallways and laundry room shall be ADA compliant.

4.9 Elevators: If elevators are a part of the room complex, they shall conform to the latest requirements of the American National Standard A171 and Al71a Safety Code for Elevators, except for elevator emergency recall and shall be inspected and maintained in accordance with American National Standard A17.1, Inspector's Manual for Elevators, or equivalent local code.

The elevators shall also comply with local codes and ordinances.

4.10 Miscellaneous:

4.10.0 No activity to the building and/or grounds that would cause an increase in dust, dirt, or spores to be airborne (i.e., renovation to the building, movement of earth on the grounds) shall take place without the contractor's written notification to the VA at least seven (7) calendar days in advance of the event.

4.10.1 If the building is partially or totally destroyed or damaged by fire or other casualty so that the space is untenantable as determined by the Government, the government may terminate the contract upon 15 calendar days prior notice to the contractor, and no further payments will be due.

4.10.2 The Contractor shall maintain the premises, including the building and all equipment, fixtures, and appurtenances furnished by the contractor under this contract, in good repair and tenantable condition.

4.10.3 In the event the Contractor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from the payments.

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

5.0 DELIVERABLES

5.1 FURNITURE AND ACCESSORIES:

5.1.0 Each room shall comply with the following general room requirements: Each room shall have double occupancy and be handicapped accessible or be American Disability Act compliant. Access to rooms shall be from interior hallways that are accessed directly from the front desk/elevator lobby area. There shall be no physical barriers. Rooms shall be in a reasonably quiet or tranquil part of the hotel/motel.

5.1.2 General Furniture Package

(1) All furniture shall be in good general condition; shall be clean; free of stains and odors; and have no tears or rips in the fabric coverings. Non-upholstered furniture surfaces shall be free of scratches, broken surfaces, splinters, free of stains, and clean.

(2) Each double size bed shall be supplied with the proper bed linen which will be freshly cleaned, free of stains, odors, tears, and in good condition.

The following minimum furnishings are required:

5.1.2.0 Lamp- 1 per desk or writing table

5.1.2.1 Chair, occasional

5.1.2.2 Clothes storage drawers

5.1.2.3 Mirror

5.1.2.4 Table, night, with lamp and alarm clock

5.1.2.5 Desk or writing table with chair

5.1.2.6 Luggage rack

5.1.2.7 Trash containers- one in living area and one in bathroom

5.1.2.8 Color television and radio

5.1.3 Bathrooms must be properly cleaned with all the necessary accessories.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION (the following are estimated quantities used for pricing only)

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2,040.00 DY __________________ __________________

170 rooms per month lodging, 2040 annual rooms

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027

Contract Period: Base POP Begin: 10-01-2027 POP End: 09-30-2028

Contract Period: Base POP Begin: 10-01-2028 POP End: 09-30-2029

Contract Period: Base POP Begin: 10-01-2029 POP End: 09-30-2030

Contract Period: Base POP Begin: 10-01-2030 POP End: 09-30-2031

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

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

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

and

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $15000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of ;$500,000.00 or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025)

(DEVIATION)

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

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

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

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

(c) Applicability. This clause applies only to—

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

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

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

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

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

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

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

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

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

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

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

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[] By the end of the base term of the contract and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

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

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

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

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

(End of Clause)

C.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

(a) During the term of this contract, the Contractor must post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice must be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor must also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

http://www.dol.gov/olms/regs/compliance/EO13496.htm

(d) The Contractor must comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR

471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor must include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor must not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor must take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of Clause)

C.8 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or…