S02. RFQ 36C26326Q0774.pdf

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J046--Critical Water System Maintenance Saint Cloud VA Rescheduling of Site Visit
Solicitation number
36C26326Q0774
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About this file

This is a Solicitation/Contract/Order (Standard Form 1449) for critical water system maintenance services at the VA Saint Cloud Medical Center in Minnesota.

The Department of Veterans Affairs, Network Contracting Office 23, is soliciting quotes for all transportation, labor, and parts required for periodic preventative and emergent maintenance of the critical water system supporting Sterile Processing Services. The contract period runs from July 1, 2026, through June 30, 2031 (one base year with four option years). Services must be performed Monday through Friday, 6:00 am to 4:30 pm, excluding federal holidays, during business hours coordinated with the Contracting Officer. The solicitation is unrestricted (not set aside for small business), with a $41 million estimated value. A mandatory site visit is scheduled for June 9, 2026, at 1:00 pm CDT, and attendance is required for all vendors submitting quotes. Technical questions must be submitted after the site visit, with a deadline of 10:00 am CDT on June 12, 2026. Quotes are due by 10:00 am CDT on June 26, 2026, submitted via email to the Contracting Officer.

The contractor must provide quarterly preventative maintenance including filter replacement, system sanitization, controller calibration, UV light servicing, and RO membrane replacement. Semi-annual and annual services include endotoxin filter replacement and additional UV maintenance. Critical water loop disinfection using ozone must be performed quarterly, with chemical disinfection as secondary means. If water samples fail ANSI/AAMI ST108 limits, additional disinfection services are required at no additional cost. Emergency service calls must respond within four hours and be on-site within 24 hours, with an all-inclusive hourly rate for repairs and parts replacement. The contractor must obtain OEM correspondence confirming technician training, submit preventative maintenance checklists, provide monthly service reports with water quality testing data, and maintain required insurance coverage (general liability $500,000, workers compensation, automobile liability $200,000). Service Contract Labor Standards (Wage Determination 2015-4952 Rev. 29) apply. Evaluation criteria are lowest priced, technically acceptable (LPTA) based on three years of RO/DI experience, three relevant completed projects, and OEM training certifications. The offeror must accept pricing for 180 calendar days.

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Amendment 36C26326Q0774 0001.pdf PDF
36C26326Q0774 0001_1.docx DOCX document
36C26326Q0774_1.docx DOCX document
P07. WD 2015-4953 Rev. 29.pdf PDF

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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

656-26-4-0236-0764

36C26326Q0774 06-02-2026

Curt LaRose 605-592-4026 06-26-2026 10:00am CDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

2501 W. 22ND STREET

SIOUX FALLS SD 57105

X

221310

$41 Million

N/A

X

DEPARTMENT OF VETERANS AFFAIRS

Saint Cloud Medical Center 4801 Veterans Dr.

Saint Cloud MN 56303

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

2501 W. 22ND STREET

SIOUX FALLS SD 57105

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICE CENTER

PO BOX 149971

AUSTIN TX 78714-9971

See CONTINUATION Page

Contractor to provide all transportation, labor and parts for periodic preventative and emergent maintenance for the critical water system at the VA Saint Cloud Medical Center.

See Statement of Work for all details.

A site visit will be offered on 09 June, 2026 at 1pm local and will be mandatory for all vendors wishing to submit a quote.

Wage Determination 2015-4952 Rev. 29 dated 05/13/2026 applies to all work done under this contract.

See offeror instructions on page 50.

See CONTINUATION Page

X X

X 1(ONE)

Curt LaRose

VA-VHA-RPOC-2024-0072

36C26326Q0774

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 30

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

2501 W. 22ND STREET

SIOUX FALLS SD 57105

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 STATEMENT OF WORK

1. TITLE: Critical Water System Sanitation, Preventative Maintenance, and Repair Services

2. OVERVIEW: Contractor will provide inspection, sanitization, cleaning, maintenance and repair services for the Critical Water System for Sterile Processing Services (SPS) located in Building 4.

3. PLACE OF PERFORMANCE:

St. Cloud VA Health Care System, 4801 Veterans Drive, St. St Cloud, MN 56303

5. PERIOD OF PERFORMANCE:

A Base Year with 4 Option Years (July 1, 2026, through June 30, 2031)

6. HOURS OF OPERATION:

The Contractor will conduct on-site services during business hours, Monday through Friday, 6:00 am to 4:30 pm excluding Federal Holidays, unless otherwise coordinated with

COR/VA POC.

If the holiday falls on a Saturday, the previous Friday will be observed and if the holiday falls on a Sunday, the following Monday will be observed.

Federal holidays observed by Federal Government can be located at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays#url=2026

Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

An agreed upon schedule for services will be coordinated with the COR/VA POC.

7. REGULATIONS / DIRECTIVES / POLICIES:

The Contractor shall comply with the public laws and statutes including all changes and amendments of federal, state and local environmental statutes and regulations in effect of date of issuance of this contract including the most current edition/version below:

• ANSI/AAMI ST108 :2023 or the most current regulation

• 29 CFR 1910 Occupational Safety and Health Standards (OSHA)

• Environmental Protection Agency (EPA)

8. SCOPE OF WORK:

This system is designed to provide water of an acceptable quality for medical instrumentation reprocessing, the process of disinfection and sterilization of medical instruments. This system requires monitoring and preventative maintenance to uphold an operational status and to function at the parameters that are required by SPS guidance.

The Contractor shall furnish labor, tools, equipment, personnel, transportation and any necessary materials to provide quarterly preventative maintenance (PM), testing and repair services to the Critical Water System (Reverse Osmosis and Deionized (RO/DI) and all associated appurtenances of the system to produce water quality meeting ST 108.

The Contractor is not responsible for utilities provided to the Critical Water System by the St.

Cloud VA Health Care System facility. Such utilities include :

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays#url=2026

• Tempered and softened domestic water supply.

• Floor drain for the equipment.

• Electrical service for equipment, maintenance receptacles and utility lighting.

• Room ventilation.

• BAS connection to dry contacts on the Critical Water System for remote alarming.

Contractor shall provide a written and/or electronic service order each time service is rendered to the COR/VA POC, unless otherwise noted in this agreement.

Contractor will remove all consumable and expendable items used during service off-site according to environmental guidelines.

PREVENTATIVE MAINTENANCE SERVICES

The contractor shall maintain critical water system by providing preventative maintenance, sanitation and services according to OEM (Original Equipment Manufacturer) recommendations and the standards of AAMI ST108.

Contractor is responsible for providing all supplies to include, but not limited to filters, bulbs, quartz sleeves and membranes.

The Critical Water System for SPS at the St. Cloud VA was installed in spring of 2026 and includes the following primary components :

• NuStream CGD-34 RO System o 5,400 GPD o (3) 4 x 40 membranes

• NuStream Electro-Deionizer o 2.5 - 4.5 GPM o 220V, single phase

• Cone Bottom Tank o 250 gal, 56” x 45” x 92” o 1.5” return loop header

• Grundfos CME 10-3 Distribution Pump o Max 70 GPM @ 60 psi o Integral VFD o 480V, 3-phase

• Viqua Pro30 UV Treatment System

• Filter Vessel Assembly o 5 cartridges, 0.2 mic pleat, 2.5” x 20” o 50 GPM

• Anti-Scalant Tank Assembly o Single, 15 Gallon

• Chlorine Destruct Tank Assembly o Single, 15 Gallon

• Hydrocheck Alarm System o Model 414TDS o Remote Display

Quarterly:

• Replace Pre-sediment Filters

• Sanitize entire Critical Water Loop System o Provide lab testing results of water system to show sanitization is successful

• Calibrate Controllers

Semi-Annual:

• Replace Endotoxin Filters

• Service UV Light – Replace UV Bulb

Annual:

• Service UV Light – Replace UV Bulb

• Replace UV Quartz Sleeve

• Replace RO membrane

• Replace Vent Filters

A preventative maintenance schedule/checklist for all included equipment is required and shall be provided by the contractor.

The contractor shall be responsible for obtaining all technical documentation and test equipment (service manuals) necessary to fulfill contractual obligations.

The contractor shall perform all required services and provide the COR with test results and recommendations when applicable.

It is the government’s expectation that the contractor be a subject matter expert (SME) regarding Preventive Maintenance and Services that are required for each piece of equipment in accordance with manufacturer guidelines.

As part of this plan, contractors must submit a Checklist detailing items that will be addressed and covered in the contract for each piece of RO/DI Equipment during each Site Visit / Preventive Maintenance Service.

The Checklist must include all parts and labor that will be covered in the contract. A checklist shall be provided by the contractor at the beginning of the performance period before the required work begins.

These Checklists should mirror the Preventive Maintenance Schedules in the Maintenance Manuals for each piece of RO/DI Equipment.

These Checklists must be used during the Site Visits / Preventive Maintenance Service and signed by the Technician indicating that all applicable services were completed for each piece of equipment.

Contractor shall perform Critical water loop disinfection on a Quarterly basis using “Ozone Disinfection” process as the primary means.

• Chemical disinfection will be the secondary means.

• These Loops provide critical water to SPS.

• Water samples shall be drawn within 24-48 hours of this service.

FAILED LIMITS:

Contractor shall perform additional critical water loop disinfections if water samples are not within the limits of ANSI/AAMI ST108.

• Water samples shall be drawn within 24-48 hours after this service.

• Results shall be provided within 7 calendar days.

9. EMERGENCY SERVICES - Maintenance Support:

Contractor will annotate an hourly rate all-inclusive of labor and travel for any repair and/or replacement of parts not deemed routine PM checks and servicing.

Repairs, parts, and emergency services. This line item is not defined or awarded for a specific repair, part, or service.

Emergency service calls will respond within four (4) hours and be present on-station at the St. Cloud VA Campus within twenty-four (24) hours of a request.

The Contractor shall provide all testing, troubleshooting or replacement parts needed to keep the Critical Water System in operating condition as originally designed by the manufacturer.

Contractor shall furnish the VA POC with a written itemized estimate and justification of the cost to make necessary repairs.

Contractor shall receive written approval from the CO / COR before proceeding with repair/replacement.

NO GRAY MARKET - Refurbished or used parts will not be approved.

Once it has been determined and agreed upon both by the VA and the Contractor that the additional repairs and/or replacement/s part(s) are needed, monetary funds will need to be requested and approval to proceed.

This will occur by means of a Government Purchase Card Purchase Order if total of replacement parts is less than $15,000.00, repair services are less than $2,500.00 or through means of a Contract Modification if total repair expenses are greater than $2,500.00.

10. VA POINTS OF CONTACT:

• Assistant Chief of SPS 320-252-1670 Ext. 7431

• Chief of SPS 320-252-1670 Ext. 6166

11. REPORTING:

• Contractor shall provide the government individual service reports within ten (10) business days of maintenance/service (e-mailed to the COR/VA POC for verification), which describes the maintenance, repair, work, and/or services that were performed on the equipment.

• This report must also include any needed repairs, other work/service, and recommended parts for future visits to keep machines in good running condition.

• No additional work will be conducted outside of the scope of work of the contract without a Purchase Order being issued to the contractor from the government for the required parts/work.

• The service report shall include, but not limited to the following data:

1. Date of Inspection

2. Results/Summary of service and/or inspection

3. Total Dissolved Solids (TDS) count of water entering filter unit and water exiting filter unit

4. Conductivity of water exiting filter units

5. Parts replaced (description, item number, location)

12. SECURITY:

• Contractor and/or all sub-contracted personnel are required to always wear and have visible a Contractor Badge.

• Badges are issued by Facilities Management (FM), B-3, second floor. FM Office hours are Monday – Friday, 8:00 am – 4:30 pm.

• The Contractor shall be required to obtain and display identification badges for all employees requiring access to the St Cloud VA Facility.

• Identification shall be always worn on the outer clothing between the neck and waist on the front of the body and visible with the Contractor’s name plainly displayed.

• Loss of a contractor badge shall be reported to the COR/VA POC no later than the following workday.

• Prior to commencement of and immediately after each service visit, the contractor and/or contractor’s authorized repair technician must check in and out with the COR and/or other designated individuals in the SPS Section.

14. INVOICING:

The Contractor shall submit the invoice in arrears, after services have been completed. The invoice shall include at a minimum, but not limited to:

• Contract Number

• The purchase order (PO) number

• Quantity and description for each line item

• Dates of completed services

• Total cost of the services

Payment will be made upon receipt and approval of all required documentation.

15. NARA Records Management

(National Archives and Records Administration)

Link: https://www.archives.gov/records-mgmt/policy/records-mgmt-language

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 https://www.archives.gov/records-mgmt/policy/records-mgmt-language

(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. Department of Veterans Affairs 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 Department of Veterans Affairs 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 Department of Veterans Affairs. 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 Department of Veterans Affairs 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 Department of Veterans Affairs 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 Department of Veterans Affairs policy.

8. The Contractor shall not create or maintain any records containing any non-public Department of Veterans Affairs 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 Department of Veterans Affairs 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 Department of Veterans Affairs 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 Department of Veterans Affairs-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.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 EA __________________ __________________

GGD=34 RO SYSTEM - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, and Rebuilding of Equipment - Water Purification and Sewage Treatment Equipment

REPLACE RO PRE FILTER

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, ELECTRO DEIONIZER SYSTEM - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, CONE BOTTOM TANK - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, ANTI-SCALANT TANT ASSEMBLY - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, CHLORINE DESTRUCT TANK ASSEMBLY - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, ITEM

NUMBER

DESCRIPTION OF

GRUNDFOS CME 10-3 PUMP SYSTEM - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, HYDROCKECK ALARM SYSTEM - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PIPING AND VALVE ASSEMBLIES - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair,

2.00 EA __________________ __________________

SERVICE UV LIGHT REPLACE UV BULD AND QUARTZ

SLEEVE

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, REPLACE ENDOTOXIN FILTER, .2 MICRON 20"

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, DISINFECT CRITICAL WATER LOOP

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

EMERGENCY TEST/DISINFECT CRITICAL WATER

LOOP AS NEEDED

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair,

48.00 EA __________________ __________________

WATER QUALITY TESTING (pH, CONDUCTIVITY, BAC-

T, ENDOTOXIN, TEMPERATURE, TDS, HARDNESS,

ETC) FOR VERIFICATION OF SERVICES

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ANTI-SCALANT TANT ASSEMBLY - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, SLEEVE

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, EMERGENCY TEST/DISINFECT CRITICAL WATER

LOOP AS NEEDED

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, T, ENDOTOXIN, TEMPERATURE, TDS, HARDNESS, ETC) FOR VERIFICATION OF SERVICES

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, NUMBER

DESCRIPTION OF

SLEEVE

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, LOOP AS NEEDED

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, T, ENDOTOXIN, TEMPERATURE, TDS, HARDNESS, ETC) FOR VERIFICATION OF SERVICES

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, NUMBER

DESCRIPTION OF

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, SLEEVE

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, LOOP AS NEEDED

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

WATER QUALITY TESTING (pH, CONDUCTIVITY, BAC-

T, ENDOTOXIN, TEMPERATURE, TDS, HARDNESS,

ETC) FOR VERIFICATION OF SERVICES

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CHLORINE DESTRUCT TANK ASSEMBLY - PM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, SLEEVE

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, LOOP AS NEEDED

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, T, ENDOTOXIN, TEMPERATURE, TDS, HARDNESS, ETC) FOR VERIFICATION OF SERVICES

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: J046 - Maintenance, Repair, GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.—

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

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

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.217-8 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 prior to contract expiration.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the…

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