S02 RFQ 36C26024Q0901 Spokane Fire and Life Safety.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

668-25-1-5150-0001

36C26024Q0901 09-11-2024

Danielle Carrico danielle.carrico@va.gov 09-27-2024 10:00am PDT

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X 100

X

Y

541350

$11.5 Million

NET 30

N/A

Department of Veterans Affairs Mann-Grandstaff VAMC 4815 North Assembly Street Spokane WA 99205

36C260

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Fire Protection & Life Safety Inspection, Testing, and Certification for Mann-Grandstaff (Spokane) VAMC. Base plus four (4) Option Years.

Period of Performance:

Base Year: 1 Nov 2024 - 31 Oct 2025 Option Year 1: 1 Nov 2025 - 31 Oct 2026 Option Year 2: 1 Nov 2026 - 31 Oct 2027 Option Year 3: 1 Nov 2027 - 31 Oct 2028 Option Year 4: 1 Nov 2028 - 31 Oct 2029

IMPORTANT!! Interested vendors, please review section E.2.

for quote submission items (parts 1-4) and question deadline. Review section E.6 for Basis of Award.

FY25 action. Subject to availability of funds (est 10/1/24)

100% Small Business Set-aside

See CONTINUATION Page

668-3650162-5150-850300-2580 010050176

36C26024Q0901

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...34

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION 2015-5537

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 ADDENDUM TO 52.212-1: QUOTE PREPARATION AND QUESTION

SUBMISSION

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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: TBD

b. GOVERNMENT: Contracting Officer 36C260

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd

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 completion and acceptance.

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

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 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2.00 JB __________________ __________________

Task 1 – Kitchen Hood and Suppression System Inspection &

Testing. See SOW.

• Interval: Semiannual (April and October) Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H912 - Other Quality Control, Testing, and Inspection - Fire Control Equipment

Task 2 – Fire Alarm System Inspection & Testing – Supervisory

Signal Devices. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 3 – Fire Alarm System Inspection & Testing – Waterflow

Devices & Valve Tamper Switches. See SOW.

• Interval: Semiannual (March and September) Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 4 – Fire Alarm System Inspection & Testing – Duct/Heat/Smoke

Detection & Pull Boxes. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 5 – Fire Alarm System Inspection & Testing – Notification

Appliances & Door Releases. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

1.00 JB __________________ __________________

Task 6 – Fire Alarm System Inspection & Testing – Emergency

Services Notification Transmission Equipment. See SOW.

• Interval: Annual Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 7 – Fire Alarm System Inspection & Testing – Heating, Ventilating, and Air Conditioning (HVAC) Shutdown Devices. See

SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 8 – Fire Alarm System Inspection & Testing – Sliding & Rolling

Doors. See SOW.

• Interval: Annual Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 9 – Fire Suppression System Inspection & Testing – Sprinkler

System Main Drain Testing. See SOW.

• Interval: Annual (March) Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 10 – Fire Suppression System Inspection & Testing – 5-Year

Fire Department Connection (FDC) Hydrostatic Testing & Check Valve Inspection. See SOW.

• Interval: Annual (July) Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 11 – Fire Suppression System Inspection & Testing – Diesel

Fire Pump (Under Flow). See SOW.

• Interval: Annual Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 12 – Fire Suppression System Inspection & Testing – Fire

Hydrant Inspection & Testing. See SOW.

• Interval: Annual (April – “Wet” testing, October – “Dry” testing) Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 13 – Fire Suppression System Inspection & Testing – Fire

Sprinkler System Backflow Device Testing. See SOW.

• Interval: Annual (August) Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 14 – Fire Suppression System Inspection & Testing – Fire Sprinkler Head Mapping. See SOW.

• Interval: One Time (Base Yr Only) Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Task 15 – Fire Extinguisher Inspection & Maintenance – Annual Fire

Extinguisher Inspection & Maintenance. Also includes replacement or loaner extinguishers as needed.

• Interval: Annual (October) Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Testing. See SOW.

• Interval: Semiannual (April and October) Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Signal Devices. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Devices & Valve Tamper Switches. See SOW.

• Interval: Semiannual (March and September) Contract Period: Option 1

POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Detection & Pull Boxes. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Appliances & Door Releases. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Services Notification Transmission Equipment. See SOW.

• Interval: Annual Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Ventilating, and Air Conditioning (HVAC) Shutdown Devices. See

SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026

Doors. See SOW.

• Interval: Annual Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

System Main Drain Testing. See SOW.

• Interval: Annual (March) Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Fire Department Connection (FDC) Hydrostatic Testing & Check Valve Inspection. See SOW.

• Interval: Annual (July) Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Fire Pump (Under Flow). See SOW.

• Interval: Annual Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Hydrant Inspection & Testing. See SOW.

• Interval: Annual (April – “Wet” testing, October – “Dry” testing)

Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Sprinkler System Backflow Device Testing. See SOW.

• Interval: Annual (August) Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Extinguisher Inspection & Maintenance. Also includes replacement or loaner extinguishers as needed.

• Interval: Annual (October) Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Testing. See SOW.

• Interval: Semiannual (April and October) Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Signal Devices. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Devices & Valve Tamper Switches. See SOW.

• Interval: Semiannual (March and September) Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Detection & Pull Boxes. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Appliances & Door Releases. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Services Notification Transmission Equipment. See SOW.

• Interval: Annual Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Ventilating, and Air Conditioning (HVAC) Shutdown Devices. See

SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Doors. See SOW.

• Interval: Annual Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

System Main Drain Testing. See SOW.

• Interval: Annual (March) Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Fire Department Connection (FDC) Hydrostatic Testing & Check Valve Inspection. See SOW.

• Interval: Annual (July) Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Fire Pump (Under Flow). See SOW.

• Interval: Annual Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027

Hydrant Inspection & Testing. See SOW.

• Interval: Annual (April – “Wet” testing, October – “Dry” testing) Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Sprinkler System Backflow Device Testing. See SOW.

• Interval: Annual (August) Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Extinguisher Inspection & Maintenance. Also includes replacement or loaner extinguishers as needed.

• Interval: Annual (October) Contract Period: Option 2 POP Begin: 11-01-2026 POP End: 10-31-2027 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Testing. See SOW.

• Interval: Semiannual (April and October) Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Signal Devices. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December

Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Devices & Valve Tamper Switches. See SOW.

• Interval: Semiannual (March and September) Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Detection & Pull Boxes. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Appliances & Door Releases. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Services Notification Transmission Equipment. See SOW.

• Interval: Annual Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028

Ventilating, and Air Conditioning (HVAC) Shutdown Devices. See

SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Doors. See SOW.

• Interval: Annual Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

System Main Drain Testing. See SOW.

• Interval: Annual (March) Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Fire Department Connection (FDC) Hydrostatic Testing & Check Valve Inspection. See SOW.

• Interval: Annual (July) Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Fire Pump (Under Flow). See SOW.

Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Hydrant Inspection & Testing. See SOW.

• Interval: Annual (April – “Wet” testing, October – “Dry” testing) Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Sprinkler System Backflow Device Testing. See SOW.

• Interval: Annual (August) Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Extinguisher Inspection & Maintenance. Also includes replacement or loaner extinguishers as needed.

• Interval: Annual (October) Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Testing. See SOW.

• Interval: Semiannual (April and October) Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Signal Devices. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Devices & Valve Tamper Switches. See SOW.

• Interval: Semiannual (March and September) Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Detection & Pull Boxes. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Appliances & Door Releases. See SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Services Notification Transmission Equipment. See SOW.

Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Ventilating, and Air Conditioning (HVAC) Shutdown Devices. See

SOW.

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Doors. See SOW.

• Interval: Annual Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

System Main Drain Testing. See SOW.

• Interval: Annual (March) Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Fire Department Connection (FDC) Hydrostatic Testing & Check Valve Inspection. See SOW.

• Interval: Annual (July) Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029

Fire Pump (Under Flow). See SOW.

• Interval: Annual Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Hydrant Inspection & Testing. See SOW.

• Interval: Annual (April – “Wet” testing, October – “Dry” testing) Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Sprinkler System Backflow Device Testing. See SOW.

• Interval: Annual (August) Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

Extinguisher Inspection & Maintenance. Also includes replacement or loaner extinguishers as needed.

• Interval: Annual (October) Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services

GRAND TOTAL

Please complete along with B.2 price schedule. Ensure calculations are correct.

Base Period Total $ Option Period One (1) Total $ Option Period Two (2) Total $ Option Period Three (3) Total $ Option Period Four (4) Total $ Contract Value Grand Total $

B.3 STATEMENT OF WORK

1. Contract Title: Fire Protection & Life Safety Inspection, Testing, and Certification (ITC)

2. Background

2.1. This effort is required to ensure MGVAMC’s readiness to prevent, respond to, and recover from a fire and to meet mandatory fire protection and Life Safety codes, standards, and requirements. Fire protection and Life Safety ITC requirements are driven by multiple sources, including the National Fire Protection Association (NFPA), The Joint Commission (TJC), and the City of Spokane, among others.

3. Scope

3.1. This contract covers all Fire Protection & Life Safety ITC services and tasks that cannot or should not be completed “in-house” by the MGVAMC’s Environmental, Health and Safety (EHS) Department due to their complexity, frequency, or training, licensing, and certification requirements. These nonpersonal services and tasks include the ITC of MGVAMC’s fire detection, alarm, and suppression systems according to intervals established by the NFPA, TJC, and other authorities, according to the schedule developed by the MGVAMC EHS Department, and according to the most current version of the NFPA code that governs it.

3.2. Some services may need to be delivered or performed on the weekend (Saturday) due to their likelihood to disrupt patient care operations. Any weekend (Saturday) work should be coordinated in advance with the Contracting Officer Representative (COR).

3.3. All ITC services are to be performed in multiple facilities and the grounds of MGVAMC’s main campus, located at 4815 North Assembly Street, Spokane, Washington, 99205.

4. Specific Tasks

4.1. The specific tasks to be performed are as follows:

4.1.1. Task 1 – Kitchen Hood and Suppression System Inspection & Testing Service three (3) Ansul R-102 wet chemical fire suppression systems in three (3) each Class 1 hoods (discharge not required)

• System 1: Inpatient Kitchen – 4.5-gallon system with 3 fusible links

• System 2: Canteen – 3-gallon system with 2 fusible links

• System 3: Canteen – 1.5-gallon system with 1 fusible link

• Interval: Semiannual (April and October)

• Weekend/Saturday work: No

• Code: NFPA 96

4.1.2. Task 2 – Fire Alarm System Inspection & Testing – Supervisory Signal Devices

• Inspect/test 100% of the Supervisory Signal Devices (approximately 26) o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December

• Weekend/Saturday work: Yes

• Code: NFPA 72

4.1.3. Task 3 – Fire Alarm System Inspection & Testing – Waterflow Devices & Valve Tamper Switches

• Inspect/test 100% of the Waterflow Devices and Tamper Valve Switches (approx. 133)

• Interval: Semiannual (March and September)

4.1.4. Task 4 – Fire Alarm System Inspection & Testing – Duct/Heat/Smoke Detection & Pull Boxes

• Inspect/test 100% of the duct, heat, and smoke detection devices and pull boxes (approx. 558)

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December

4.1.5. Task 5 – Fire Alarm System Inspection & Testing – Notification Appliances & Door Releases

• Inspect/test 100% of the Notification Appliance devices and Door Releases (approx. 103)

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December

4.1.6. Task 6 – Fire Alarm System Inspection & Testing – Emergency Services Notification Transmission Equipment

• Test fire alarm equipment on the inventory for notifying off-site fire responders

• Interval: Annual

4.1.7. Task 7 – Fire Alarm System Inspection & Testing – Heating, Ventilating, and Air Conditioning (HVAC) Shutdown Devices

• Test/inspect 100% of the HVAC Shutdown devices (approx. 24)

• Interval: Annual o Buildings 1, 12, 27 and 40 to be completed in June o All other buildings to be completed in December

4.1.8. Task 8 – Fire Alarm System Inspection & Testing – Sliding & Rolling Doors

• Test/inspect 100% of Sliding and Rolling Doors (approx. 10)

• Interval: Annual (September)

• Code: NFPA 80 and 105

4.1.9. Task 9 – Fire Suppression System Inspection & Testing – Sprinkler System Main Drain Testing

• Test/inspect the Sprinkler System Main Drain for 13 buildings

• Interval: Annual (March)

• Weekend/Saturday Work: Yes

• Code: NFPA 25

4.1.10. Task 10 – Fire Suppression System Inspection & Testing – 5-Year Fire Department Connection (FDC) Hydrostatic Testing & Check Valve Inspection

• Test/inspect the FDC and check valve on three (3) buildings per year

• Interval: Annual (July)

4.1.11. Task 11 – Fire Suppression System Inspection & Testing – Diesel Fire Pump (Under Flow)

• Test/inspect the diesel fire pump, under flow

• Interval: Annual (August); Every 3rd year: Full flow to roof shall be completed in 2025 (line item 0011) and 2028 (line item 3011).

4.1.12. Task 12 – Fire Suppression System Inspection & Testing – Fire Hydrant Inspection & Testing

• Test/inspect 100% of Fire Hydrants (approx. 18)

• Interval: Annual (April – “Wet” testing, October – “Dry” testing)

4.1.13. Task 13 – Fire Suppression System Inspection & Testing – Fire Sprinkler System Backflow Device Testing

• Test/inspect 100% of Fire Sprinkler System Backflow devices (approx.

14)

• Interval: Annual (August)

4.1.14. Task 14 – Fire Suppression System Inspection & Testing – Fire Sprinkler Head Mapping

• Survey facility

• Interval: One time (Base Year Only)

• Code:

4.1.15. Task 15 – Fire Extinguisher Inspection & Maintenance – Annual Fire Extinguisher Inspection & Maintenance

• Perform annual inspection of all portable fire extinguishers (approx. 300)

• Perform maintenance and hydrostatic testing on all units due each year depending on which is due for that year (e.g., 5-year, 6-year, 12-year, etc.)

• Provide replacement or loaner extinguishers for all units affected by the above

• Interval: Annual (October)

• Code: NFPA 10

4.2. Safety, Equipment, Supplies: The Contractor shall be responsible for providing or furnishing all tools, equipment, consumable and non-consumable supplies, and personal protective equipment (PPE) needed to accomplish their work as well as any training or certification needed to use such tools, equipment, supplies, and PPE.

4.3. Filing Fees: The Contractor shall file and pay all Spokane Fire Department fees associated with ITC activities on behalf of MGVAMC, where required, no later than the due date set forth by the Spokane Fire Department. All files fees shall be included in pricing for tasks above and are not to be billed separately.

4.4. Deliverables: The Contractor shall provide the following to the Contracting Officer Representative (COR):

4.4.1. ITC Documentation Report – A comprehensive, electronic report of each ITC activity/tasks listed in paragraph 4.1. shall be provided to the COR within 10 business days following the completion of each ITC activity. The report shall include, at a minimum:

• The name of the ITC activity

• The date of the ITC activity

• An inventory of the devices, equipment, or other items inspected or tested

• Required frequency of the ITC activity

• Name and contact information, including affiliation, of the person who performed the ITC activity

• NFPA standard(s) (including year) referenced for the ITC activity

• Results of the ITC activity (e.g., “Pass”, “Fail”, “Good”, etc.)

4.4.2. Deficiency Report – For each ITC activity/tasks listed in paragraph 4.1, the Contractor shall provide a list of device, equipment, or system deficiencies and needed repairs and/or modifications discovered during the ITC activity. The Deficiency Report shall:

• Be provided to the COR either verbally or electronically by the end of the following business day in which the deficiency was discovered.

• Include the ID number, if available, of the deficient device, equipment or system.

4.4.3. Annual Schedule – The Contractor shall submit the annual anticipated schedule for all ITC activity/tasks listed in paragraph 4.1 within 15 calendar days of award and each exercised option year thereafter to the COR and Contracting Officer.

• Each scheduled activity must follow in accordance with the schedule for all ITC activity/tasks listed in paragraph 4.1.

• Any deviations to schedule or exemptions are subject to COR approval.

• If schedule changes are necessary that are occurring within the same month of requirement (for example, scheduled task for April 1st and Contractor requires to reschedule for April 10th), the COR shall be notified a minimum of five (5) calendar days before the scheduled date.

4.4.4. Fire Sprinkler Head Mapping – in accordance with Task 14. No company logo or information shall be present on the submittal.

• Submit to the COR no later than 31 October 2025.

4.4.5. Certifications, as applicable – See section 8.

5. Performance Monitoring

5.1. Contractor performance, quality, and adherence to the contract/Statement of Work will be monitored by the COR. Monitoring will include observing and inspecting onsite work, reviewing reports/deliverables and other documentation for completeness, and timeliness of scheduling, reports, and invoicing.

6. Security Requirements

6.1. The Contractor employees shall not have access to VA sensitive or computer information and will not require routine access to VA Facilities. The Contractor employees shall require intermittent access only and will be escorted by VA employees while at VA Facilities. No background investigation is required.

7. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI)

7.1. No GFE/GFI will be provided to the contractor.

8. Other Pertinent Information or Special Considerations

8.1. Contractor or Subcontractor must be qualified to operate and test the Edwards Fire Safety EST3 and/or the EST4 Emergency Communications platforms and the Edwards FireWorks incident management command and control software platform.

• Contractor shall provide proof at time of quote submission. Any changes to qualifications to are to submitted to the COR throughout period of performance.

8.2. Contractor or Subcontractor must be licensed by the Washington State Fire Marshal’s Office to install, inspect, test, maintain, and/or service any portion of a water-based fire protection sprinkler system.

• Contractor shall provide proof at time of quote submission. Any changes to certifications are to submitted to the COR throughout period of performance.

9. Risk Control

9.1. The contractor shall abide by all Federal, state, and local safety, occupational health and infection control policies and procedures.

10. Place of Performance

10.1. The location of principal performance is the Mann-Grandstaff VA Medical Center, 4815 North Assembly Street, Spokane, Washington, 99205. The contractor may perform administrative tasks associated with this contract, such as report writing, invoicing, etc.

at their own office. It is recommended that the contractor have a primary or satellite office for doing business geographically within or near Spokane County, Washington.

11. Delivery Schedule.

11.1. Services and reports are to be delivered per section 4. of this Statement of Work.

12. Miscellaneous

12.1. The Government does not pay for services not received.

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…