S02 - RFQ - 36C10X26Q0105 Final.docx

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Attached to
Security Gate Maintenance Federal contract opportunity
Solicitation number
36C10X26Q0105
Issued by
Department of Veterans Affairs Strategic Acquisition Center Frederick

About this file

This is a Request for Quote (RFQ) for security gate maintenance services at the VA Austin Information Technology Center (AITC) in Austin, Texas. The Department of Veterans Affairs Strategic Acquisition Center – Frederick is seeking a single-award, firm-fixed-price contract with an unrestricted (full and open) set-aside. The contract covers complete maintenance of six gate systems including two Model 400 Electric Crash Gates, two Model 450 EK12 Rated Slide Gates, one Model 773 Electric Crash Beam, one Model LXL Hydraulic Gate Operator with Cantilever Sliding Gate, three Model Park Pro Warning Arms, and two TAG Touchscreen Control Consoles. The contractor must provide twelve annual maintenance visits (ten monthly preventive maintenance visits and two semi-annual inspections), emergency repair services with a one-hour telephone response time, and all required spare parts including relays, fuses, loop detectors, switches, drive gears, bearings, and mechanical/electrical connections. All work must be performed between 7:00 AM and 4:00 PM CST and closely supervised by certified, experienced personnel coordinated with AITC Facilities Management staff.

The contract solicitation closes on April 23, 2026, at 1:00 PM EDT, with questions due by April 15, 2026. The performance period runs one year from May 16, 2026, to May 15, 2027, with four additional one-year option periods through May 15, 2031. The contractor must have a minimum of five years' prior experience in automatic gate installation and maintenance and be a B&B ARMR authorized maintenance provider or direct manufacturer representative. Evaluation criteria include technical acceptability (most important factor, pass/fail), past performance, and price, with award to the lowest-priced technically acceptable quoter. All quotes must include firm-fixed pricing for the base year and all four option years across seven line items covering monthly inspections, semi-annual inspections, spare parts packages, and emergency service calls. Submission requirements include contractor name, UEI number, acknowledgment of amendments, and completed representations and certifications via email to Brandi Luna and Brian Tedesco. The contractor must comply with extensive security and compliance requirements including FISMA, background investigation (Medium/MBI level), workers' compensation and general liability insurance ($500,000 per occurrence), and contractor personnel security requirements.

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36C10X26Q0105

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

36C10X26Q0105 04-08-2026 Brian Tedesco brian.tedesco@va.gov 04-23-2026

1:00 PM

EDT

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

X

561621 $25 Million

N/A X

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment) Austin TX 78714-8917 1-(877)-489-6135

Submit quotes to brandi.luna@va.gov and brian.tedesco@va.gov by the date/time listed in block 6/8.

Questions due by 1:00 PM 04/15/2026 to brandi.luna@va.gov and brian.tedesco@va.gov.

Contract Type: Single Award, Firm-Fixed-Price (FFP).

Set-Aside: Unrestricted/Full and Open.

Brandi Luna

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 STATEMENT OF WORK5
B.3 PRICE/COST SCHEDULE13
ITEM INFORMATION13
SECTION C - CONTRACT CLAUSES19
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)19
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)25
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)25
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS25
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)26
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)36
C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)37
C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)38
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS39
SECTION E - SOLICITATION PROVISIONS40
INSTRUCTIONS TO OFFERORS40
E.1 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)40
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)41
E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)45
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)45
E.5 52.233-3 PROTEST AFTER AWARD (AUG 1996)46
E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)47
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)51
E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)52

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 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

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[]

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

BACKGROUND

The mission of the Department of Veterans Affairs (VA), Austin ITC Office is to provide benefits and services to Veterans of the United States. In meeting these goals, OI&T strives to provide high-quality, effective, and efficient Information Technology (IT) services to those responsible for providing care to the Veterans at the point-of-care as well as throughout all the points of the Veterans’ health care in an effective, timely, and compassionate manner. VA depends on Information Management/Information Technology (IM/IT) systems to meet mission goals. (AITC). Located in Austin, TX, the AITC provides comprehensive electronic government solutions to match the critical needs of VA and other federal agency customers, from managing data to automating business processes.

This contract is for the VA-AITC Gate maintenance contract to respond to Security maintenance and repairs of Gates 10, 11, 12, 17, Guard Shack 1 & Control Equipment.

APPLICABLE DOCUMENTS

Documents referenced or germane to this Performance Work Statement (PWS) are listed below. In the performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following:

1. 44 U.S.C. § 3541, “Federal Information Security Management Act (FISMA) of 2002”

2. Federal Information Processing Standards (FIPS) Publication 140-2, “Security Requirements For Cryptographic Modules”

3. FIPS Pub 201, “Personal Identity Verification of Federal Employees and Contractors,” March 2006

4. 10 U.S.C. § 2224, "Defense Information Assurance Program"

5. 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

6. 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”

7. Department of Veterans Affairs (VA) Directive 0710, “Personnel Suitability and Security Program,” May 18, 2007

8. Homeland Security Presidential Directive (12) (HSPD-12), August 27, 2004

9. VA Directive 6500, “Information Security Program,” August 4, 2006

10. VA Handbook 6500, “Information Security Program,” September 18, 2007

11. VA Handbook 6500.2, “Management of Security and Privacy Incidents,” June 17, 2008.

12. VA Handbook 6500.3, “Certification and Accreditation of VA Information Systems,” November 24, 2008.

13. VA Handbook, 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

14. VA Handbook 6500.6, “Contract Security,” March 12, 2010

15. Project Management Accountability System (PMAS) portal (reference PWS References - Technical Library at https://www.voa.va.gov/).

16. National Institute of Standards and Technology (NIST) Special Publications

17. VA Directive 6508, VA Privacy Impact Assessment, October 3, 2008

18. VA Directive 6300, Records and Information Management, February 26, 2009

19. VA Handbook, 6300.1, Records Management Procedures, March 24, 2010

SCOPE OF WORK

Perform complete maintenance of the following products at the VA AITC.

· (2) Model 400 Electric Crash Gates

· (2) Model 450 E K12 Rated Slide Gates

· (1) Model 773 Electric Crash Beam

· (1) Model LXL Hydraulic Gate Operator w/ (1) Cantilever Sliding Gate

· (3) Model Park Pro Warning Arms

· (2) TAG Touchscreen Control Consoles

Provide emergency repair services for the automatic gates with a 1-hour telephone response time. If the emergency call is after 3:00 pm CT, then the repair can be done the next day, within a 24-hour period. Spare parts to be provided under this contract should include (relays, fuses, loop detectors, switches, drive gears, bearings, grease fittings, nuts, bolts, washers, mechanical connections, latch pin actuators, terminal blocks/electrical connections), any spare part deemed by the manufacturer’s recommendations. Provide the listed services below per the manufacturer's recommendations. Twelve (12) total annual visits by way of Ten (10) that visits will be provided in the form of monthly PMs and Two (2) semi-annual (6-month) PMs. Emergency repair visits will not count as a regularly scheduled maintenance visit.

SPECIAL REQUIREMENTS

The gates' operations pose a significant part of the AITC perimeter security. Because of this, all maintenance activities must be closely supervised by certified, experienced personnel, also coordinated and accompanied by a representative from the AITC Facilities Management staff (305A). All of the maintenance activities will be performed between the hours of 7:00 AM and 4:00 PM (CST) each day consecutively until complete, unless determined otherwise by the COR.

PERFORMANCE PERIOD

The period of performance shall be 1 year from the date of award, with 4 option periods for 1 year.

Base Year:
May 16, 2026 – May 15, 2027
Option Year 1:
May 16, 2027 – May 15, 2028
Option Year 2:
May 16, 2028 – May 15, 2029
Option Year 3:
May 16, 2029 – May 15, 2030
Option Year 4:
May 16, 2030 – May 15, 2031

There are eleven (11) Federal holidays set by law (USC Title 5 Section 6103) that VA follows: Under current definitions, five are set by date:

New Year’s Day
January 1
Juneteenth Day
June 19
Independence Day
July 3
Veterans Day
November 11
Christmas Day
December 25

If any of the above fall on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

Martin Luther King Jr.’s Birthday
Third Monday in January
Washington’s Birthday
Third Monday in February
Memorial Day
Last Monday in May
Labor Day
First Monday in September
Columbus Day
Second Monday in October
Thanksgiving
Fourth Thursday in November

PLACE OF PERFORMANCE

Tasks under this PWS shall be performed at the VA Austin Information Technology Center at 1615 Woodward Street, Austin, TX 78772.

SPECIFIC TASKS AND DELIVERABLES

The Contractor shall perform the following:

· Emergency Repairs shall be on a 1-hour telephone response time. If the emergency call is after 3:00 pm Central Prevailing Time, then the repair can be done the next day, within a 24-hour period by the maintenance contractor.

· Any repair parts needed for emergency repairs outside of the listed spare parts are the responsibility of the owner (VA). At no time should the gate needing repair be out of service for more than one-week (7) days.

· Due to the nature of this facility, Normal Maintenance Activities shall be performed between 7:00 AM and 4:00 PM.

· Spare parts to be provided under this contract shall include (relays, fuses, loop detectors, switches, drive gears, bearings, grease fittings, nuts, bolts, washers, mechanical connections, latch pin actuators, terminal blocks/electrical connections), any spare part deemed by the manufacturer's recommendations.

· Provide the listed services below per the manufacturer’s recommendations. Annually Twelve (12) visits will be provided in the form of ten (10) monthly visits and two (2) semi-annual (6-month) visits. Emergency repair visits will not count as a regularly scheduled maintenance visit.

· The maintenance contractor shall be responsible for the removal and disposal of all defective parts, trash, and debris generated as a result of maintenance activities.

· Scheduling of maintenance visits is the responsibility of the contractor. Visits should be scheduled at least seven (7) days in advance.

Model 400E Monthly Inspections The contractor shall perform the following visual inspections monthly. ** Ensure main power switch is OFF when inspecting, adjusting, or replacing drive system components**

· During the opening and closing cycle, verify that the gate operates smoothly and does not bind. Adjust the guide wheels as necessary to eliminate binding.

· Inspect the motor pinion gear for wear and verify that the proper spacing is present between the spur gear and gear rack. Ensure all bolts are tight.

· Verify gate limit switches and locking pin limit switches are in the proper position and operational. Adjust and tighten if necessary.

· Verify locking pin is aligned with the beam assembly.

· Inspect rack, pinion, and wheel areas and add grease as needed.

· Grease 8” drive wheels.

· Grease pillow block bearings on motor assembly.

· Inspect cradle pivot drive assembly components for wear and adjust the assembly if needed. Ensure all bolts are tight.

· Verify chain tension and adjust as needed.

· Verify the safety devices are functioning correctly.

· Verify electrical connections are tight.

· Visually inspect the condition of the finish. If corrosion is present, wire brush and sand the area, then repaint with primer and matching color.

Model 400E Quarterly Inspections The contractor shall perform the following inspections every scheduled Quarterly visit:

· Repeat the monthly inspections and adjustments.

· Verify the fluid level in the transmission by removing the oil level plug. If fluid is not present, fill with Mobil SHC 629 or equivalent.

· Inspect guide wheels. Check for proper adjustment and wear on wheels or the gate. Readjust if necessary.

· Inspect roller wheels and grease fittings. Make sure oil seals (on side of wheels) are still tight, and no grease is coming out of the sides of them. Make sure that the wheels and nuts are still tight, and the wheels are turning freely.

Model 450 Monthly Inspections The contractor shall perform the following visual inspections monthly. ** Ensure main power switch is OFF when inspecting, adjusting, or replacing drive system components**

· During the opening and closing cycle, verify that the gate operates smoothly and does not bind. Adjust the guide wheels as necessary to eliminate binding.

· Inspect the motor pinion gear for wear and verify that the proper spacing is present between the spur gear and gear rack. Ensure all bolts are tight.

· Verify gate limit switches and locking pin limit switches (Model 450) are in the proper position and operational. Adjust and tighten if necessary.

· Verify locking pin is aligned with beam assembly (Model450).

· Inspect rack, pinion, and wheel areas and add grease as needed.

· Grease 8” drive wheels.

· Grease pillow block bearings on motor assembly.

· Inspect cradle pivot drive assembly components for wear and adjust the assembly if needed. Ensure all bolts are tight.

· Verify chain tension and adjust as needed.

· Verify the safety devices are functioning correctly.

· Verify electrical connections are tight.

· Visually inspect the condition of the finish. If corrosion is present, wire brush and sand the area, then repaint with primer and matching color.

Model 450 Quarterly Inspections The contractor shall perform the following inspections every scheduled Quarterly visit:

· Repeat the monthly inspections and adjustments.

· Verify the fluid level in the transmission by removing the oil level plug. If fluid is not present, fill with Mobil SHC 629 or equivalent.

· Inspect guide wheels. Check for proper adjustment and wear on wheels or the gate. Readjust if necessary.

· Inspect roller wheels and grease fittings. Make sure oil seals (on side of wheels) are still tight, and no grease is coming out of the sides of them. Make sure that the wheels and nuts are still tight, and the wheels are turning freely.

Model 773E Monthly Inspections

· Raise and lower the barrier. Verify operating speed is normal and that the beam does not hit with excessive force when lowered.

· Raise and lower the barrier. Verify there is minimal whipping or oscillating when the barrier is fully up and that the damping bumper is working properly.

· While raising and lowering, verify the alignment of the arm with the catch post. Adjust as needed.

· Verify limit switches are in the proper position and operational. Adjust and tighten if necessary.

· Verify the safety devices are functioning correctly.

· Verify traffic light is operating as designed.

· Verify electrical readings and ensure all connections are tight.

· Visually inspect the condition of the finish. If corrosion is present, wire brush and sand the area, then repaint with primer and matching color.

Model 773E Quarterly Inspections

· Perform Monthly Inspection

· Inspect and grease the axle bearings in the hinge post.

· Verify bearing setscrews are holding the axle tight.

· Inspect the actuator for leaks or damage. Grease upper and lower actuator hinge points as needed.

· Inspect actuator bushings for signs of wear or damage.

Model LXL Monthly Inspections

· Inspect gate operator drive wheels for wear or damage. Report any discrepancies.

· Inspect the gate operator and cantilever gate for broken or loose fasteners.

· Tighten or replace as necessary.

· Open and close the slide gate. Ensure there is no binding of the gate panel, and the drive rail is properly aligned with the gate operator. Adjust as needed.

· Ensure there is no slippage of the drive wheels while the gate is moving. Tighten drive wheels as needed.

· Inspect the gate operator for hydraulic fluid leaks.

· Verify electrical readings and ensure all connections are tight.

· Verify limit switches are in the proper position and operational. Adjust and tighten if necessary.

· Verify the safety devices are functioning correctly.

Model LXL Quarterly Inspections

· Perform Monthly Inspection.

· Remove vent cap and inspect hydraulic fluid level.

· Change hydraulic fluid (quarterly).

Model Park Pro Monthly Inspections

· Verify proper operation of arms.

· Visually inspect the operator housing. Clean as needed.

· Visually inspect the mounting anchors, tighten as needed.

· Visually inspect the arm for cleanliness and damage. Clean as needed.

· Ensure the arm is level and all hardware is tight. Tighten hardware as needed.

· Verify safety devices are functioning properly.

Model Park Pro Quarterly Inspections

· Perform monthly inspection.

· Check the spring setting of the lever system.

· Ensure arm locks in the fully up and down positions.

· Verify electrical readings and ensure all connections are tight.

Model TAG Touchscreen Monthly Inspections

· Ensure all equipment operates as designed from each touchscreen.

Reporting Requirements The Contractor shall provide the Contracting Officer’s Representative (COR) with reports of work completed during maintenance or emergency repair. The report shall cover all work completed, identify any problems that arose, and provide a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation, including their plan and timeframe for resolving the issue. It is expected that the Contractor will keep in communication with VA accordingly so that issues that arise are transparent to both parties to prevent escalation of outstanding issues.

Deliverables Monthly Progress Report

· A full monthly maintenance report, along with any recommended service replacements, etc., shall be provided by the last day of each month.

General Requirements Approved vendor must have a minimum of five (5) years’ immediately prior experience in automatic gate installation and maintenance.

The contractor shall be a factory (B&B ARMR) authorized maintenance provider or a direct representative of the manufacturer (B&B ARMR).

All services are to be directly supervised by qualified personnel who are trained and experienced in the performance of the services mentioned above. All work shall be performed by trained service technicians using equipment, materials, and procedures specified above.

Contractor Personnel Security Requirements The following security requirement must be addressed regarding Contractor-supplied equipment: Contractor-supplied equipment, PCs of all types, equipment with hard drives, etc., for contract services must meet all security requirements that apply to Government Furnished Equipment (GFE) and Government Owned Equipment (GOE). Security Requirements include: a) VA Approved Encryption Software must be installed on all laptops or mobile devices before being placed into operation, b) Bluetooth-equipped devices are prohibited within VA; Bluetooth must be permanently disabled or removed from the device, c) VA-approved anti-virus and firewall software, d) Equipment must meet all VA sanitization requirements and procedures before disposal. The COR, CO, the Project Manager, and the Information Security Officer (ISO) must be notified and verify that all security requirements have been adhered to.

The Contractor shall support VA efforts in accordance with the Project Management.

The position sensitivity and the level of background investigation commensurate with the required level of access are:

Medium/ MBI

Contractor Responsibilities:

· For a Medium Risk designation, with a period of performance requirement of 180 days or less, a Special Agreement Check (SAC) is required. A Department of Veterans Affairs (DVA) Memorandum – Electronic Fingerprints form is required for fingerprinting. This should be submitted to the CO or COR after the award has been made.

· The Contractor shall be responsible for the actions of all personnel provided to work for VA under this contract. In the event that damages arise from work performed by Contractor-provided personnel, under the auspices of this contract, the Contractor shall be responsible for all resources necessary to remedy the incident.

· The Contractor employee may work on the contract once the SAC has been favorably adjudicated. The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration for working under the contract.

· Failure to comply with the Contractor personnel investigative requirements may result in termination of the contract for default.

Method and Distribution of Deliverables The Contractor shall deliver documentation in electronic format, unless otherwise directed in Section B of the solicitation/contract. Acceptable electronic media include: MS Word 2000/2003/2007, 365, MS Excel 2000/2003/2007,365, MS PowerPoint 2000/2003/2007,365, MS Project 2000/2003/2007,365, MS Access 2000/2003/2007,365, MS Visio 2000/2002/2003/2007,365, AutoCAD 2002/2004/2007/2010, 2018, and Adobe Postscript Data Format (PDF).

PERFORMANCE METRICS

The table below defines the Performance Standards and Acceptable Performance Levels for Objectives associated with this effort.

Performance Objective
Performance Standard
Acceptable Performance Levels
1. Technical Needs
· Shows understanding of requirements.

· Efficient and effective in meeting requirements.

· Meets technical needs and mission requirements

· Offers quality services/products Acceptable/ Unacceptable

2. Project Milestones & Schedule
· Quick response capability

· Products completed, reviewed, and delivered in a timely manner

· Notifies customer in advance of potential problems Acceptable/ Unacceptable

The Government will utilize a Quality Assurance Surveillance Plan (QASP) throughout the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government reserves the right to alter or change the surveillance methods in the QASP at its own discretion. ASAP Performance-Based Service Assessment Survey will be used in combination with the QASP to assist the Government in determining acceptable performance levels.

FACILITY/RESOURCE PROVISIONS

Staging Area: A small area will be made available within the building for storage of materials. Advanced coordination with the COR and the warehouse manager will be required.

TYPE OF CONTRACT

This is a Firm Fixed Price contract.

SCHEDULE FOR DELIVERABLES

Deliverable ID
Deliverable Description
A
Monthly Progress Report

· Due each month throughout the period of performance.

· Electronic submission to: COR, CO

· Inspection: Destination Acceptance: Destination

Note: Days used in the table below refer to calendar days unless otherwise stated. Deliverables with due dates falling on a weekend or holiday shall be submitted on the following Government work day after the weekend or holiday.

Page 1 of

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
10.00
MO
________________
_________________

Monthly inspection - Gate 17 Contract Period: Base POP Begin: 5-16-2026 POP End: 5-15-2027 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual Inspections - Gate 17

POP Begin: 5-16-2026 POP End: 5-15-2027

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gate 17

POP Begin: 5-16-2026 POP End: 5-15-2027

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

10.00
MO
________________
_________________

Monthly inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2026 POP End: 5-15-2027

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2026 POP End: 5-15-2027

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2026 POP End: 5-15-2027

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

6.00
EA
________________
_________________

Emergency Service Calls - 1 visit per gate/per year

POP Begin: 5-16-2026 POP End: 5-15-2027

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

10.00
MO
________________
_________________

Monthly inspection - Gate 17 Contract Period: Option 1 POP Begin: 5-16-2027 POP End: 5-15-2028

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual Inspections - Gate 17

POP Begin: 5-16-2027 POP End: 5-15-2028

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gate 17

POP Begin: 5-16-2027 POP End: 5-15-2028

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

10.00
MO
________________
_________________

Monthly inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2027 POP End: 5-15-2028

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2027 POP End: 5-15-2028

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2027 POP End: 5-15-2028

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

6.00
EA
________________
_________________

Emergency Service Calls - 1 visit per gate/per year

POP Begin: 5-16-2027 POP End: 5-15-2028

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

10.00
MO
________________
_________________

Monthly inspection - Gate 17 Contract Period: Option 2 POP Begin: 5-16-2028 POP End: 5-15-2029

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual Inspections - Gate 17

POP Begin: 5-16-2028 POP End: 5-15-2029

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gate 17

POP Begin: 5-16-2028 POP End: 5-15-2029

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

10.00
MO
________________
_________________

Monthly inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2028 POP End: 5-15-2029

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2028 POP End: 5-15-2029

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2028 POP End: 5-15-2029

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

6.00
EA
________________
_________________

Emergency Service Calls - 1 visit per gate/per year

POP Begin: 5-16-2028 POP End: 5-15-2029

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

10.00
MO
________________
_________________

Monthly inspection - Gate 17 Contract Period: Option 3 POP Begin: 5-16-2029 POP End: 5-15-2030

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual Inspections - Gate 17

POP Begin: 5-16-2029 POP End: 5-15-2030

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gate 17

POP Begin: 5-16-2029 POP End: 5-15-2030

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

10.00
MO
________________
_________________

Monthly inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2029 POP End: 5-15-2030

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2029 POP End: 5-15-2030

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2029 POP End: 5-15-2030

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

6.00
EA
________________
_________________

Emergency Service Calls - 1 visit per gate/per year

POP Begin: 5-16-2029 POP End: 5-15-2030

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

10.00
MO
________________
_________________

Monthly inspection - Gate 17 Contract Period: Option 4 POP Begin: 5-16-2030 POP End: 5-15-2031

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual Inspections - Gate 17

POP Begin: 5-16-2030 POP End: 5-15-2031

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gate 17

POP Begin: 5-16-2030 POP End: 5-15-2031

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

10.00
MO
________________
_________________

Monthly inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2030 POP End: 5-15-2031

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

2.00
EA
________________
_________________

Semi-Annual inspections - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2030 POP End: 5-15-2031

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

1.00
EA
________________
_________________

Spare Parts Package - Gates 10, 11, 12, Rm180, Guard Post #1

POP Begin: 5-16-2030 POP End: 5-15-2031

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

6.00
EA
________________
_________________

Emergency Service Calls - 1 visit per gate/per year

POP Begin: 5-16-2030 POP End: 5-15-2031

PRODUCT/SERVICE CODE: J095 - Maintenance, Repair, and Rebuilding of Equipment - Metal Bars, Sheets, and Shapes

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).

(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.

(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…

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