S02 RFQ FINAL - 36C26126Q0091.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

662-26-3-6435-0034

36C26126Q0091 03-25-2026

Durell Salaz durell.salaz@va.gov 916-923-4385 04-07-2026

1:00 PM PDT

Department of Veterans Affairs Network Contracting Office (NCO) 21 McClellan CA 95652

X

541380

$19 Million

N/A

"See Performance Work Statement (PWS)"

Department of Veterans Affairs

McClellan CA 95652

FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

866-372-1141 vafscenterprisesupport@va

See CONTINUATION Page

Annual Fume Hood and Biological Safety Cabinet Testing services for the San Francisco VA Medical Center in accordance with the Performance Work Schedule (PWS).

Quote instructions are provided in provision 52.212-1.

Evaluation factors are provided in provision 52.212-2.

Base Period of Performance: 05/01/2026 - 04/30/2027

This is for a small business set-aside.

Dept. of Labor Wage Rate Schedules applies to this requirement.

See CONTINUATION Page

662-3660162-6435-850300-2542 0100501X1

Maricela Berrones-Gauger Contracting Officer

36C26126Q0091

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 (NOV 2023)

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

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

C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION)

C.5 52.222-41 SERVICE CONTRACT LABOR STANDARDS (NOV 2025) (DEVIATION) .. 25

C.6 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

C.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) . 32

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

C.11 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.14 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MARCH 2026) 44

C.15 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.16 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.18 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT 1 – DOL WAGE DETERMINATION 2015-5623, REV.28, DATED

12/03/2025 – ALAMEDA-CONTRA COSTA

D.2 ATTACHMENT 2 – DOL WAGE DETERMINATION 2015-5637, REV.31, DATED

12/03/2025 – SAN FRANCISCO-SAN MATEO

D.3 ATTACHMENT 3 – PAST PERFORMANCE SURVEY

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023) (DEVIATION OCT 2025)

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

SERVICES (NOV 2021) (DEVIATION OCT 2025)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (NOV 2025) (DEVIATION)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

McClellan, CA 95652

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

• 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:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

70.00 EA __________________ __________________

Biosafety Cabinet - Test

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H266 - Equipment and Materials Testing - Instruments and Laboratory Equipment

10.00 EA __________________ __________________

Biosafety Cabinet - Airflow Visualization Study (Smoke)

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Biosafety Cabinet - Particle Count

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

15.00 EA __________________ __________________

Biosafety Cabinet - Decontamination

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

3.00 EA __________________ __________________

Biosafety Cabinet – Repair, Filter replacement

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Laminar Flow Unit - Test

Contract Period: Base POP Begin: 05-01-2026

POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Fume Hood - HEPA Enclosure Test

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Fume Hood – Test, Alarm Calibration

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Fume Hood – Repair, Filter replacement

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

5.00 EA __________________ __________________

Clean Room

Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1

POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

GRAND TOTAL

Summary:

PERIOD OF PERFORMANCE TOTAL

Base Period: 05/01/2026 – 04/30/2027 $

Option Period 1: 05/01/2027 – 04/30/2028 $

Option Period 2: 05/01/2028 – 04/30/2029 $

Option Period 3: 05/01/2029 – 04/30/2030 $

Option Period 4: 05/01/2030 – 04/30/2031 $

Grand Total Amount $

B.3 PERFORMANCE WORK STATEMENT

1. OVERVIEW

1.1. The Contractor shall provide testing and certification of Laboratory/Research exhaust hoods, biological safety cabinets, and clean benches located at VA facilities in San Francisco, Oakland, Mission Bay (San Francisco). Maintenance or repairs shall be performed under the resulting contract.

2. LABORATORY/RESEARCH EQUIPMENT

2.1. The Contractor shall test exhaust hoods and biological safety cabinets associated with laboratory operations on an annual basis.

3. TESTING REQUIREMENTS

3.1. Laboratory/research exhaust hoods shall be tested in accordance with OSHA standards and the College of American Pathologists.

3.2. Biological safety cabinets and clean benches shall be tested in accordance with OSHA, National

Sanitation Foundation, the College of American Pathologists and manufacturer’s standards and recommendations.

4. DELIVERABLES

4.1. A report for each laboratory/research exhaust hood shall contain information with sufficient detail to determine the exact location and identity of the hood. In addition, the report shall contain the average face velocity of the hood, the minimum face velocity, and a verification of any alarms associated with airflow. In addition, a verification of certification attached to each of the equipment tested to the required standards.

4.2. A report for each Biological Safety Cabinet (BSC) tested shall be submitted that includes information sufficient to determine the exact location of the BSC, inflow velocity results, supply velocity results, lighting measurement results, HEPA leak test results for the supply and exhaust, and the assessment of any applicable airflow or sash alarms. In addition, a verification of certification attached to each of the equipment tested to the required standards.

4.3. Annual testing is different on each hood. There are several hoods throughout the facility, each hood will have a different date.

5. CONTRACTOR QUALIFICATIONS / TECHNICAL CAPABILITIES

5.1. In order to be considered for the award, the offeror must demonstrate the ability to provide adequate and qualified staff and equipment to satisfy the requirements below:

5.1.1. Provide copies of the certifications and licenses held by the contractor performing the work.

Certifications / licenses must include ISO 9001, National Environmental Balancing Bureau, and California State Contractors License.

5.1.2. Provide the name, job title, and a copy of the certifications held by the employees who will be performing the work. The contractor shall have technicians certified to at least National Sanitation Foundation (NSF) 49 or American National Standard (ANSI) 49.

5.1.3. Provide the name of any subcontractor that will be utilized during the performance of this contract along with a detailed description of work to be performed by subcontractors. If no tasks are to be subcontracted, provide a statement to that effect.

6. EQUIPMENT AND LOCATIONS

Description Quantity Location Frequency

Bio Safety Cabinets – Airflow Visualization (Type A1, A2, A3)

123 SFVAHCS

MB

Oakland

Annual Annual Annual

Testing of Clean Rooms (Benches) TBD SFVAHCS

MB

Annual Annual

Testing of Chemical Fume Hood 66 SFVAHCS

MB

Oakland

Annual Annual Annual

Calibration of Alarm 66 SFVAHCS

MB

Oakland

Annual Annual Annual

Formal Report 1 Each Each

7. AREA LOCATIONS

AREA LOCATION ADDRESS WORK REQUIRED

Department of Veterans Affairs - San Francisco VA Healthcare System

4150 Clement Street San Francisco, CA 94121

123 laboratory biological safety cabinets, 66 laboratory exhaust hoods, and clean rooms (Inpatient Chemo Room, Outpatient Buffer Room, and Ante Room).

Department of Veterans Affairs – VA Mission Bay Research Center

1700 Owens St Mather, CA 95655

10 laboratory biological safety cabinets, 9 laboratory exhaust hoods, and clean rooms (Ante Room, Buffer Room, and Interlock).

3 Department of Veterans Affairs – Oakland VA Clinic

2221 Martin Luther King Jr. Way Oakland, CA 94612

Services are expected at the identified locations but are not limited to the aforementioned amount as laboratory biological safety cabinets and exhaust hoods are added to our facility throughout the year.

8. CONTRACT PERIOD: See Price Schedule

9. The C&A requirements do not apply, and a Security Accreditation Package is not required.

10. RECORDS MANAGEMENT

10.1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

10.2. The Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

10.3. The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

10.4. 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 by the Freedom of Information Act.

10.5. The Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

10.6. The Government Agency owns the rights to all data/records produced as part of this contract.

10.7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

10.8. The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974.

These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

10.9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10.10. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(END OF PERFORMANCE WORK STATEMENT)

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before expiration of the contract. The specified rates under this clause will be those rates in effect under the contract at the time the option is exercised

(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 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 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025)

(DEVIATION)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[X] By the end of the base term of the contract and then by the end of each subsequent option period;

or

[] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of Clause)

C.5 52.222-41 SERVICE CONTRACT LABOR STANDARDS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

"Contractor" when this clause is used in any subcontract, must be deemed to refer to the subcontractor, except in the term "Government Prime Contractor."

"Service employee," means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor must be paid not less than the minimum monetary wages and must be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)(i) If a wage determination is attached to this contract, the Contractor must classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees must be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure must be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor must submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer must review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division must be transmitted to the Contracting Officer who must promptly notify the Contractor of the action taken. Each affected employee must be furnished by the Contractor with a written copy of such determination or it must be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the…