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

662-26-4-067-0212

36C26126Q0950 07-24-2026

Durell Salaz 916-923-4385 07-31-2026

1:00 PM PDT

612MCP

Department of Veterans Affairs Network Contracting Office (NCO) 21

X 100

X

423450

200 Employees

N/A

**See Performance Work Statement**

612MCP

FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

The Contractor shall provide Surgical/Dental Instrument Sharpening Services for San Francisco VA Medical Center in accordance with the Performance Work Statement herein.

Base Period of Performance: 09/01/2026 - 08/31/2027

Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and any addendums included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

Services under this order are subject to the Service Contract Act (SCA).

WD2015-5637 (WD-SAN FRANCISCO-SAN MATEO)

See CONTINUATION Page

662-3660160-067-825500-2580 010055590

Durell Salaz Contracting Officer

36C26126Q0950

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

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

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

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

C.9 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT 1 DOL WAGE DETERMINATION 2015-5637, REV.32 DATED

05/13/2026 – SAN FRANCISCO-SAN MATEO

D.2 ATTACHMENT 2 PAST PERFORMANCE SURVEY

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261

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] Invoice Monthly in Arrears

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.

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com mailto:VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

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

AMENDMENT NO. DATE

mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Monthly onsite instrument sharpening for approximately 1,000 instruments bi-weekly for the (OR) department in accordance with the Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Base POP Begin: 09-30-2026 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): NA

2.00 WK __________________ __________________

Bi-weekly onsite instrument sharpening for approximately 1,000 instruments every other week for the (Dental) department in accordance with the Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Base POP Begin: 09-30-2026 POP End: 09-29-2027 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Option 1 POP Begin: 09-30-2027 POP End: 09-29-2028 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment with the Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Option 1 POP Begin: 09-30-2027 POP End: 09-29-2028 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Option 2 POP Begin: 09-30-2028 POP End: 09-29-2029 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment instruments every other week for the (Dental) department in accordance with the Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Option 2 POP Begin: 09-30-2028 POP End: 09-29-2029 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Option 3 POP Begin: 09-30-2029 POP End: 09-29-2030 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment with the Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Option 3 POP Begin: 09-30-2029 POP End: 09-29-2030 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Option 4 POP Begin: 09-30-2030 POP End: 09-29-2031 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment with the Performance Work Statement (PWS) for San Francisco VA Medical Center.

Contract Period: Option 4 POP Begin: 09-30-2030 POP End: 09-29-2031 PRINCIPAL NAICS CODE: 423450 - Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment

GRAND TOTAL

Summary:

PERIOD OF PERFORMANCE TOTAL

Base Period: 09/01/2026 – 08/31/2027 $

Option Period 1: 09/01/2027 – 08/31/2028 $

Option Period 2: 09/01/2028 – 08/31/2029 $

Option Period 3: 09/01/2029 – 08/31/2030 $

Option Period 4: 09/01/2030 – 08/31/2031 $

Grand Total Amount $

B.3 PERFORMANCE WORK STATEMENT

1. EQUIPMENT IDENTIFICATION:

1.1. This contract covers reusable surgical and dental instruments used at VAMC, including but not limited to reusable surgical instruments in the Operating Rooms (such as scissors, needle holders, forceps, clamps, rongeurs, osteotomes, and retractors) organized in sets and trays by service line, reusable dental hand instruments (such as scalers, curettes) used in the Dental Clinic.

2. DEFINITIONS/ACRONYMS:

2.1. Biomedical Engineer(ing) – Supervisor or designee.

2.2. CO – Contracting Officer

2.3. COR – Contracting Officer’s Representative

2.4. PM – Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

2.5. FSE – Field Service Engineer. A person who is authorized by the Contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises.

2.6. ESR – Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

2.7. Acceptance Signature – VA employee who is authorized to sign-off on the ESR which indicates that the PM has been concluded or is still pending completion, or that the Emergency Repair has been accomplished or is still in a pending status.

2.8. Authorization Signature – COR signature; indicates COR accepts work status as stated in ESR.

2.9. NFPA – National Fire Protection Association.

2.10. CDRH – Center for Devices and Radiological Health.

2.11. VAMC – Department of Veterans Affairs Medical Center

2.12. VAH – Department of Veterans Affairs Hospital

3. CONFORMANCE STANDARDS: Contract service shall ensure that the equipment functions in conformance with the latest published edition of NFPA-99, UL, VA, and CDRH.

4. CONTRACT COVERAGE

4.1. The contract shall cover reusable surgical and dental instrument sets, trays, and loose instruments submitted by the VAMC for service.

4.1.1. Service features include:

4.1.1.1. Surgical instruments: Onsite inspection, sharpening, adjustment, lubrication, alignment, and minor repair of reusable surgical instruments and sets during twice‑monthly scheduled visits

4.1.1.2. Dental instruments: Onsite or Contractor-designated location inspection, sharpening, and minor repair of reusable dental instruments during quarterly service visits

4.1.1.3. All services shall be performed onsite at the VA facility or in the Contractor’s mobile service vehicle located on VA grounds during the scheduled service window.

4.1.1.4. Instruments determined to be beyond economical repair or unsafe for continued use shall be identified, segregated, and documented in writing to the VAMC at the time of service.

4.1.1.5. Services shall be performed in accordance with applicable OEM instructions and relevant ANSI/AAMI standards for reusable medical device handling, reprocessing, and sterilization support.

5. OPERATIONAL UPTIME - REQUIREMENTS: The Contractor shall perform onsite sharpening, preventive maintenance, and minor repair services for reusable surgical and dental instruments at the frequencies specified in this contract (twice-monthly surgical visits and quarterly dental visits), and completing all instruments presented for service within the agreed visit window, and returning them to the VAMC ready for use; missed or incomplete scheduled visits attributable to the Contractor (including no-shows, late arrivals causing incomplete work, or inability to perform services for Contractor-controlled reasons) shall count against this requirement, while VAMC-directed cancellations, VAMC-caused delays, and approved federal holidays shall be excluded, and repeated service availability requirement may be treated as a performance deficiency and may subject the Contractor to contractual remedies up to and including termination for default in accordance with the contract terms.

6. HOURS OF COVERAGE:

6.1. Normal hours of coverage are Monday through Friday from 8:00 AM to 5:00 PM, excluding federal holidays. Twenty-Four (24) hour expert phone support is also included. All service/repairs will be performed during normal hours of coverage unless requested or approved by Contracting Officer Representative or Designee.

6.1.1. Sharpening, and minor repair services shall be performed in accordance with the instrument manufacturer’s recommendations and applicable professional standards. When an instrument is determined to be beyond economical or safe repair, the Contractor shall identify, segregate, and document the instrument and notify the VAMC so that the VAMC may determine replacement needs.

7. Work performed outside the normal hours of coverage at the request of Contracting Officer Representative or Designee will be billed at the price listed in the Service Contract. Billing will include service time plus one (1) hour for travel time and excluding parts. Work performed outside the normal hours of coverage at the request of FSE will be considered service during normal hours of coverage.

7.1. NOTE: Hardware/software update/upgrade installations will be scheduled and performed outside normal hours of coverage at no additional charge to the VAMC (unless it would be detrimental to equipment up-time; to be determined by Contracting Officer Representative or Designee). VAMC provides software/hardware upgrade/update.

8. Federal Holidays observed by the VAMC are:

8.1. New Years’ Day

8.2. Martin Luther King Day

8.3. Presidents’ Day

8.4. Memorial Day

8.5. Juneteenth Day

8.6. Independence Day

8.7. Labor Day

8.8. Columbus Day

8.9. Veterans’ Day

8.10. Thanksgiving Day

8.11. Christmas Day

9. SERVICE MANUALS/TOOLS/EQUIPMENT: The VAMC shall not provide tools, test equipment, service manuals or service diagnostic software to the Contractor. The Contractor shall obtain, have on file, and make available to its FSE’s all operational and technical documentation (such as; operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name and/or the manuals themselves, shall be provided to the CO upon request.

10. DOCUMENTATION/REPORTS: The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance (i.e., Emergency repairs) procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment in accordance with {Section 3, Conformance Standards or the manufacturer's specifications}. Such documentation shall meet the guidelines set forth in the {Conformance Standards section}. The ESR will consist of a separate PM report for the item(s) covered under the “specific” contract. Grouping different equipment from different contracts on “one” ESR is prohibited. In addition, each ESR must, at a minimum, document the following data legibly and in complete detail:

10.1. Name of Contractor and contract number.

10.2. Name of FSE who performed services.

10.3. Contractor service ESR number/log number.

10.4. Date, time (starting and ending), equipment downtime and hours on-site for service call.

10.5. VA purchase order number(s) covering the call if outside normal working hours.

10.6. Description of problem reported by Contracting Officer Representative, Designee, or user (if applicable).

10.7. Identification of equipment to be serviced:

10.7.1. Manufacturer’s name,

10.7.2. Device name,

10.7.3. Model number,

10.7.4. Serial number,

10.7.5. Any other manufacturer's identification numbers.

10.8. Itemized Description of Service Performed (including, if applicable, Costs associated with after normal working hours) including:

10.8.1. Labor and Travel,

10.8.2. Parts (with part numbers),

10.8.3. Materials and Circuit Location of problem/corrective action.

10.9. Total Cost to be billed (if applicable - i.e., part(s) not covered, or service rendered after normal hours of coverage).

10.10. Signatures:

10.10.1. FSE performing services described.

10.10.2. Authorized VA Employee who witnessed service described.

10.10.3. NOTE: Any additional charges claimed must be approved by Contracting Officer

Representative or Designee before service is completed!

11. REPORTING REQUIREMENTS: The Contractor shall be required to report to Biomedical Engineering to log in. This check-in is mandatory. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to Contracting Officer Representative or Designee.

ALL ESRs shall be submitted to the equipment user for an “acceptance signature” and to Contracting Officer Representative or Designee for an “authorization signature”. If Designee is unavailable, a signed, authorized copy of the ESR will be sent to the Contractor after the work can be reviewed (if requested or noted on the ESR).

VA Biomedical Contact Person(s): Miles Uribe Telephone Number & Extension(s): 628-297-1121 Location: Building 12, Room 202, Biomedical Engineering Office

12. PAYMENT: Invoices will be paid in arrears on a quarterly basis. Invoices, MUST

12.1. INCLUDE, at a minimum, the following information: Contract No., Purchase Order No., Item(s) covered (to include serial #s) by the PMI and covered period of service.

13. ADDITIONAL CHARGES: There will be no additional charge for time spent at the site (during, or after normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.

14. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE: The Contractor shall immediately, but no later than twenty-four (24) consecutive hours after discovery, notify the CO and Contracting Officer Representative (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and Contracting Officer Representative or Designee with a written estimate of the cost to make necessary repairs.

15. CONDITION OF EQUIPMENT: The Contractor accepts responsibility for the equipment described in Section C, paragraph I., in “as is” condition. Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract.

16. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

16.1. Respondent must have an established business, full-time staff. The staff includes a “fully qualified” FSE and a “fully qualified” FSE who will serve as the backup.

16.2. “Fully Qualified” is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program, for the equipment identified in the Section B schedule. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance.

16.3. All work shall be performed by “Fully Qualified” competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO and/or Contracting Officer Representative specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment.

16.4. If subcontractor(s) are used, they must be approved by the CO; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

17. TEST EQUIPMENT: Prior to commencement of work on this contract, the Contractor shall provide the VAMC with a copy of the current calibration certification of all test equipment which is to be used by the Contractor on VAMC's equipment. This certification shall also be provided on a periodic basis when requested by the VAMC. Test equipment calibration shall be traceable to a national standard.

18. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS: The Contractor’s FSEs shall always wear visible identification while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any building at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

19. INSURANCE:

19.1. Worker compensation and employer’s liability: The Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

19.2. General Liability: The Contractors are required to have Bodily Injury Liability Insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

19.3. Property Damage Liability: The Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

20. VA Information and Information System Security/Privacy Language

21. RECORDS MANAGEMENT OBLIGATIONS

21.1. Applicability

21.1.1. This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

21.2. Definitions

21.2.1. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

21.3. The term Federal record:

21.3.1. Includes VHA records.

21.3.2. Does not include personal materials.

21.3.3. Applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

21.3.4. May include deliverables and documentation associated with deliverables.

21.4. Requirements

21.4.1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

21.4.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

21.4.3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

21.4.4. VHA and its Contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

21.4.5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

21.4.6. The Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-Contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-Contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

21.4.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

21.4.8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

21.4.9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

21.4.10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

22. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires Contractors to complete records management training, the agency must provide the training to the Contractor.]

22.1. Flow down of requirements to subcontractors

22.1.1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

22.1.2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

(END OF PERFORMANCE WORK STATEMENT)

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

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

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

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

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

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

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

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

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

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

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.

3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.217-8 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 before the expiration of the contract.

(End of Clause)

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

2000)

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

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

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

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00…