S02 - Erie 5 Year Rock Salt - 36C24426Q0820.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C24426Q0820 07-28-2026

Olivia McDonald (Contract Specialist) olivia.mcdonald@va.gov 08-11-2026

16:00 EDT

36244

Department of Veterans Affairs

Network Contracting Office 4

Commodities 1

X 100

X

325998

650 Employees

N/A

X

See Delivery Schedule/Statement of Work

See block 9.

Austin Payment Center

Department of Veterans Affairs

PO Box 149971

Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Five (5) Year IDIQ for Bulk Rock Salt and Bagged Ice Melt for the Erie VA Medical Center.

This solicitation is set aside for Small Businesses.

See continuation pages for full details.

Vendors must read the solicitation in its entirety.

Fill out all sections that require vendor input.

The award will be a five year IDIQ starting in 2026.

Official dates will be issued at time of award

Questions must be sent to the Contract Specialist Olivia

McDonald via email at olivia.mcdonald@va.gov. The final date

Questions will be accepted is 12:00 PM EST on 08/04/2026.

NO Phone calls will be accepted.

**All quoters agree to hold pricing for 90 days.

Contract will not be awarded until after 10/01/2026.

See CONTINUATION Page

X 1

Benjamin Villasenor

Contracting Officer mailto:olivia.mcdonald@va.gov

36C24426Q0820

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 NEED

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

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

SERVICES (NOV 2021)

E.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2024)

E.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

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: Fill in:________________________

POC:__________________________

Phone:___________________

Email:_________________________

b. GOVERNMENT: Contracting Officer 36C244 Olivia McDonald (Contract Specialist)

Department of Veterans Affairs

Network Contracting Office 4

Commodities 1

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] Upon delivery and acceptance by the government.

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.

Tungsten Network https://www.tungstenautomation.com/products/einvoice-network

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

AMENDMENT NO DATE

B.2 STATEMENT OF NEED

Erie VAMC Bulk Road Salt and Bagged Ice Melt

1. GENERAL: The contractor shall provide and deliver bulk road salt and bagged ice melt to the Erie, PA VA Medical Center (VAMC). Specifically, the deliveries will be delivered to our Salt Building or other on-site location when notified via email or phone.

The purpose is to melt snow and ice from asphalt and concrete lots and drives. The period of performance for this contract shall consist of a base year starting October, 2026 and four (4) ordering years to be utilized by the government at their convenience.

2. BACKGROUND:

Storage Capacity: The Erie VAMC has limited storage capacity for bulk road salt and ice melt. The maximum capacities are 40 ton of road salt and 16 pallets of bagged ice melt. In a severe lake effect event, these quantities could deplete in a single storm.

Usage: The Erie VAMC has an asphalt footprint of slightly over 12 acres. Salt usage is

1 ton per acre, given application three times daily (once each shift). In a 24-hour snowfall event, this equates to a usage of 36 tons of road salt. An additional 6 pallets of bagged ice melt would be used on sidewalks. The occurrence of a multi-day event would require that Erie VAMC be resupplied with both products within 24 hours.

3. SPECIFIC TASKS:

A. There will be no minimum seasonal quantity.

B. Erie VAMC personnel shall be responsible for moving the product from the communicated drop location to the onsite storage location.

C. All cutsheets and Safety Data Sheets (SDSs) must be submitted to Project

Manager for evaluation with bid submittal. Substitute chemical compositions may be submitted to Project Manager for evaluation of suitability for this contract.

D. Roads or other foreign material shall be absent from the delivered product.

Presence of material other than road salt shall be cause for delivery rejection.

E. Product shall be compatible with dispersion using hand, drop and broadcast spreading, without the need for personal protection equipment.

F. Product shall be colored to visually ensure proper dispersion of the solid product, but the product shall not be permanently staining to pavement.

G. The bidder must bid on both products, but the bid for each product shall be separated. The bidder shall communicate which product the bid will cover.

H. All deliveries of bulk salt shall be invoiced in whole-ton increments only. The total delivery quantity shall be rounded to the nearest whole number (e.g.,

9.86 tons shall be invoiced as 10 tons; 9.43 tons shall be invoiced as 9 tons).

No decimals shall appear on invoices submitted for payment.

3A. Product Supply:

The contractor shall provide and deliver the following two products:

Description Qty

Bulk Road Salt (per whole ton)

200 Tons

Ice Melt (per pallet) 24 Pallets

3B. BULK ROAD SALT

a. Specifications:

• The acceptable product shall have a minimum composition of 98% Sodium Chloride and treated with Yellow Prussiate of Soda (YPS) or similar anticaking compound.

• Salt product shall be in pellet form. Flake product will not be accepted.

• Individual pellet size shall be between 1/4” and 5/8” in diameter.

• Product shall be colored to visually ensure proper dispersion of the solid

• Product shall arrive in a free flowing, dry, and usable condition. Product must not be frozen, caked, wet, or clumped. Product shall be completely free of any foreign debris. Product delivered that is not in conformance to this specification shall be cause for delivery rejection.

• Salt product shall contain no more than 1% water.

b. Maximum seasonal quantity is not expected to exceed 250 tons.

c. At all times, the contractor shall be prepared to deliver Erie VA Medical Center with bulk road salt within 24 hours of Program Manager notification of need.

d. Minimum quantity shall be 5 tons, and maximum quantity shall be 25 tons per delivery.

e. Rejection of a delivery due to nonconformance to the specifics of this

Statement of Need shall be followed by a delivery within 24 hours of product that meets the specification criteria at no additional cost to the government.

The Contractor is responsible for the cost of removing rejected shipments from the Erie, PA VAMC property.

3C. BAGGED ICE MELT

a. Specifications:

• Composition shall be Calcium Chloride with Calcium Magnesium Acetate

(CMA) a built-in corrosion inhibitor.

• Product shall be able to melt ice down to an ambient temperature of at least -25oF.

• Product shall be fast acting.

• Product shall be in pellet or granular form. Flake product will not be acceptable.

• Product shall be safe for use on concrete, asphalt, and vegetation.

• Product shall be colored to visually ensure proper dispersion of the solid

• Containment bags holding the ice melt shall be weatherproof and waterproof.

• Product inside bags shall be dry and not clumped, and immediately usable for specified purposes.

b. Maximum seasonal quantity is not expected to exceed quantity two thousand bags at 50 pounds each.

c. Ice melt shall be delivered on pallets with each pallet weight not to exceed

2500 pounds (Quantity of fifty bags weighing 50 pounds each).

d. Minimum quantity to deliver shall be four pallets (two hundred 50-pound bags) and a maximum of eight pallets (four hundred 50-pound bags).

e. Pallets shall be placed or moved in the delivery vehicle by the contractor or subcontractor/driver and shall be unloaded by fork-lift without a loading dock by the Government.

f. Rejection of a delivery due to nonconformance to the specifics of this

Statement of Need shall be followed by a delivery within 24 hours of product that meets the specification criteria at no additional cost to the government.

The Contractor is responsible for the cost of removing rejected shipments from the Erie, PA VAMC property.

4. DELIVERY:

A. Contractor shall deliver bulk road salt and bagged ice melt to the Erie, PA

VAMC Salt Building at 135 E. 38th St, Erie, PA 16504 or to a similar location on the Erie, PA VAMC main campus as directed by the Program Manager.

Area of delivery will be easily accessible by the delivery truck.

B. Deliveries shall be made Monday-Friday between the hours 7 AM and 4 PM, excluding federal holidays. Deliveries outside of the stated hours shall be only made by mutual consent between the contractor and Project Manager.

C. Contractor assumes responsibility for safe and legal transport of the product to Erie, PA VAMC.

D. Contractor acknowledges that deliveries will be expected during adverse winter weather conditions. Contractor also acknowledges that if the product can be legally procured and acceptable roads are open for transport

(interstate highways and local roads to and from the interstate highway), there shall be no allowance for delay due to weather.

E. Contractor shall provide weigh slips to Erie, PA VAMC at the time of delivery, which lists the amount of salt delivered.

5. PLACE OF PERFORMANCE

Erie, PA VA Medical Center

135 East 38th Street

Erie, PA 16504

6. PERIOD OF PERFORMANCE

Exact period of performance start and end dates to be determined at time of contract award

Base: October 1st, 2026 – September 30th, 2027

OY 1: October 1st, 2027 – September 30th, 2028

OY 2: October 1st, 2028 – September 30th, 2029

OY 3: October 1st, 2029 – September 30th, 2030

OY 4: October 1st, 2030 – September 30th, 2031

7. CONTRACT PRICING TERMS

This contract will be awarded as a firm fixed price, however the Government understands the market conditions of Rock Salt can fluctuate.

The unit prices established under this contract shall not change for the first twenty-four

(24) months of the base contract ordering period. If extraordinary market conditions result in a substantial increase in the Contractor’s cost of rock salt or pelletized salt, the

Contractor may submit a written request ninety (90) days prior to the anniversary of the contract.

The request shall:

- Identify the specific item(s) for which adjustment is requested.

- Include supporting documentation demonstrating the increase in the Contractor’s actual acquisition costs or recognized market index.

- Clearly Identify the requested revised unit prices.

The Government will review the request and supporting documentation. Any price adjustment shall become effective only upon written agreement of both parties through bilateral modification. The Government is under no obligation to approve any requested price increase.

Price adjustments shall be limited to documented, reasonable increases in attributable market conditions and shall not exceed the demonstrated increase in Contractor’s costs. Decreases in market prices may also result in a downward adjustment upon mutual agreement.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

200.00 TN __________________ __________________

Year 1 - Bulk salt per ton

PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill In:_______________________ LOCAL STOCK NUMBER: Fill In:_______________________

24.00 EA __________________ __________________

Year 1 - Pallet bagged salt

PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill

Year 2 - Bulk salt per ton

PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill

Year 2 - Pallet bagged salt

PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill

Year 3 - Bulk salt per ton

PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill

Year 3 - Pallet bagged salt PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill

Year 4 - Bulk salt per ton

PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill

Year 4 - Pallet bagged salt

PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill

Year 5 - Bulk salt per ton

PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill

Year 5 - Pallet bagged salt

PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 6810 - Chemicals MANUFACTURER PART NUMBER (MPN): Fill

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Erie VA Medical Center Salt Shed/Building 135 E. 38th Street

USA

200.00

FOB: DESTINATION

0002 SHIP TO: See CLIN 0001

24.00

1001 SHIP TO: Erie VA Medical Center Salt Shed/Building 135 E. 38th Street

1002 SHIP TO: See CLIN 1001

2001 SHIP TO: Erie VA Medical Center

135 E. 38th Street

2002 SHIP TO: See CLIN 2001

3001 SHIP TO: Erie VA Medical Center

135 E. 38th Street

3002 SHIP TO: See CLIN 3001

4001 SHIP TO: Erie VA Medical Center Salt Shed/Building 135 E. 38th Street

4002 SHIP TO: See CLIN 4001

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)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

NOV 2025

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

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION) NOV 2025

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION)

NOV 2025

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

52.225-1 BUY AMERICAN—SUPPLIES (DEVIATION) NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.233-3 PROTEST AFTER AWARD AUG 1996

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

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.246-71 REJECTED GOODS OCT 2018

C.3 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 TBD through TBD.

(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.

C.4 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 TBD, 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 TBD;

(2) Any order for a combination of items in excess of TBD; or

(3) A series of orders from the same ordering office within 30 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 5 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.5 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(a) This is an Indefinite Delivery Indefinite Quantity (IDIQ) 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 TBD.

(End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

INSTRUCTION TO OFFERORS

Quotes shall be submitted via email to the Contracting POC listed on page 1 of the Standard Form 1449 in Block 7a. Include Request for Quote number in subject line of email. All quotes shall be submitted on or before the offer due date shown on page 1 of the Standard Form 1449 in Block 8.

To be deemed responsive and be considered for award, an offeror’s quote shall include, but is not limited to:

1. Descriptive Literature in accordance with FAR 52.214-21 DESCRIPTIVE LITERATURE

(APR 2002).

2. Standard Form 1449 (page 1), Solicitation/Contract/Order for Commercial Items, with blocks 12, 17, 30a, 30b, and 30c completed by the offeror.

3. Standard Form 1449 (page 2), Complete Contractor POC Information and Acknowledge Amendments, if applicable.

4. Standard Form 1449 Section B.2 Price/Cost Schedule.

5. Standard Form 1449 Section B.3 Delivery Schedule.

6. Standard Form 1449 continuation pages, Clauses and Provisions completed, if applicable.

7. Offeror’s Representations and Certifications per FAR Provision 52.225-6, as applicable.

8. Fill out 52.225-2 Buy American Certificate as applicable.

To be deemed responsive and be considered for award, an offeror must quote all items identified in the solicitation and corresponding Statement of Need. Quoters that fail to quote all items will be deemed ineligible for award.

In accordance with FAR 52.204-7 System for Award Management, an Offeror is required to be registered in System for Award Management (SAM) when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

https://ww.sam.gov/

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

(End of Provision)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.214-21 DESCRIPTIVE LITERATURE APR 2002

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Price Technically Acceptable in accordance with the statement of need.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

E.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP

2024)

(a) Definitions. As used in this provision—"Lobbying contact" has the meaning provided at 2

U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence

Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalties. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to civil penalties as provided in 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(End of Provision)

E.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the

United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select

‘‘no’’.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’

‘‘domestic end product,’’ ‘‘end product,’’ and ‘‘foreign end product’’ are defined in the clause of this solicitation entitled ‘‘Buy American—Supplies.”

(b) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No.

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part

25 of the Federal Acquisition Regulation.

(End of Provision)

End of Document