S02 Solicitation 36C26127Q0086.docx

36C26127Q0086

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

662-27-1-6435-0006

10-26-2026 Brock Bell 903-512-0020 11-9-2026

1:00PM

CST

Department of Veterans Affairs VA Network Contracting Office (NCO) 21

X

811310 $12.5 Million

N/A

"See Performance Work Statement"

FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page Contractor to perform Fire Extinguisher Inspection and Maintenance IAW the PWS

The Base Year POP: 12/01/2026-11/30/2027

This is a 100% SDVOSB Set-Aside. Offerors must be verified at the time of quote submission and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation. Failure to submit SDVOSB certification located in VAAR Clause 852.219-75 may result in being excluded from evaluations and ineligible for award.

Applicable Wage Determinations are provided as attachments.

Questions are due NLT 10:00 AM CST, Friday, 30 Oct 2026 to Brock Bell, Contract Specialist, at brock.bell@va.gov.

See CONTINUATION Page

Table of Contents

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:

3. INVOICES: Invoices shall be submitted 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 shall be in accordance with the requirements of The Department of Veterans Affairs Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the period of performance of this acquisition. Current invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Monthly Fire Extinguisher Inspection Services in accordance with the PWS.

Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Fire Extinguisher Inspection Services and Hydrostatic Testing in accordance with the PWS.

POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Fire Extinguisher Maintenance IAW PWS

POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Monthly Fire Extinguisher Inspection Services in accordance with the PWS.

Contract Period: Option 1 POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Fire Extinguisher Inspection Services and Hydrostatic Testing in accordance with the PWS.

POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Fire Extinguisher Maintenance IAW PWS

POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Monthly Fire Extinguisher Inspection and Maintenance Services in accordance with the SOW.

Contract Period: Option 2 POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Fire Extinguisher Inspection Services and Hydrostatic Testing in accordance with the PWS.

POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Fire Extinguisher Maintenance IAW PWS

POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Monthly Fire Extinguisher Inspection and Maintenance Services in accordance with the SOW.

Contract Period: Option 3 POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Fire Extinguisher Inspection Services and Hydrostatic Testing in accordance with the PWS.

POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Fire Extinguisher Maintenance IAW PWS

POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Monthly Fire Extinguisher Inspection and Maintenance Services in accordance with the SOW.

Contract Period: Option 4 POP Begin: 12-01-2030 POP End: 11-30-2031 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Annual Fire Extinguisher Inspection Services and Hydrostatic Testing in accordance with the PWS.

POP Begin: 12-01-2030 POP End: 11-30-2031 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Fire Extinguisher Maintenance IAW PWS

POP Begin: 12-01-2030 POP End: 11-30-2031 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J042 - Maintenance, Repair, and Rebuilding of Equipment - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

B.3 PERFORMANCE OF WORK STATEMENT

1. SERVICES

1.1. The contractor shall provide services for fire extinguisher include monthly and annual maintenance of fire extinguishers as well as conducting routine inspections and testing such as a monthly inspections and annual inspections and the periodic hydrostatic test for: 5lb. capacity dry chemical ABC fire extinguishers, 10lb. CO2 fire extinguishers, 10lb. Purple – K fire extinguishers and 50 lb. CO2 fire extinguishers.

1.2. Contractor will conduct fire extinguisher monthly, annual, and hydrostatic test for the Department of Veterans Affairs San Francisco Health Care System (VASFHCS) located in San Francisco, California. The Contractor will be responsible for developing and maintaining a record of annual service requirements and due dates for portable fire extinguishers located within the VASFHCS. The Contractor shall perform all monthly, annual inspections and hydrostatic tests, which shall include all labor, materials, and transportation of extinguishers. Additionally, all service provided by the Contractor must comply with current NFPA 10 guidelines for fire extinguisher maintenance, which includes the monthly, annual service and periodic hydrostatic testing.

2. SCOPE OF WORK

2.1. Contractor to conduct onsite monthly inspections, and annual inspections at the Locations of Work listed above. The contractor will be responsible for identifying the different types of extinguishers by type and size and create an inventory via a survey of the facility and maintain a written inventory record by specific location of the required monthly, annual, and hydrostatic due dates as listed by NFPA and maintain in an MS acceptable document such as Word or Excel for the convenience of VASFHCS. VASFHCS will assist by supplying old records of extinguisher locations.

2.2. Contractor will provide backup fire extinguishers when it is necessary to take a fire extinguisher that is in use out of service for any period of time for maintenance or recharge. Contractor will provide 10 spare ABC 10lb extinguishers for the Safety Office as “on-hand” back-ups. The contractor will maintain and ensure the list of all fire extinguishers and their maintenance due dates are kept current for hydrostatic test collars and annual tags.

2.3. The scheduled monthly inspections should be scheduled a minimum two (2) weeks in advance with the Contracting Officer Representative for all Locations of Work listed above and annotated on the inspection tag and via electronic record. Inspection tag shall have contractor’s identifying information on it.

2.4. Fire Extinguisher Inspection Requirement: Each fire extinguisher in the workplace is required to have an annual / monthly inspection. Standards required by NFPA 10 may include:

2.4.1. Monthly Inspections:

2.4.1.1. Check visibility and accessibility:

2.4.1.1.1. Identify if a fire extinguisher is easily visible.

2.4.1.1.2. It should not be blocked by any equipment or other objects that would make it difficult to be accessed during an emergency.

2.4.1.1.3. If portable fire extinguishers other than wheeled types are inside an unlocked glass cabinet or similar containment unit, make sure that the access door is in serviceable condition. If not record on monthly record and include as part of documentation to the COR.

2.4.1.2. Examine the physical state.

2.4.1.2.1. Pick up the fire extinguisher to closely check for labeling, overall condition, and physical defects:

2.4.1.2.1.1. Look for the fire extinguisher’s serial number, and check if the fire extinguisher label is readable.

2.4.1.2.1.2. Check if the cylinder and other external metal parts are free of corrosion, dents, and other signs of damage.

2.4.1.2.1.3. Check connection between the hose and cylinder is secure.

2.4.1.2.1.4. Inspect if there are cracks in the hose or leak in the nozzle.

2.4.1.2.1.5. Ensure the pressure gauge is in the operable range or position.

2.4.1.2.1.6. Check if the locking pin goes through the holes of the discharge lever and handle and if the pin is secured well by the seal.

2.4.1.2.1.7. If there are items requiring replacement, replace the extinguishers and include as part of documentation to the COR.

2.4.1.3. Inspection Tags or Labels.

2.4.1.3.1. Each fire extinguisher shall have a tag or label securely attached that indicates that maintenance was performed. The tag, label, and/or verification-of-service collar located around the neck of the container will conform to NFPA guidelines.

3. ESTIMATED QUANTITIES

3.1. MONTHLY – Fire Extinguisher checks at the following locations:

Note: number of extinguishers may change due to areas under construction or renovation by +/- 5% at any given time.

Note: construction contractors required to use their own in off limits areas; SFVAHCS third party provided extinguishers are to be removed from construction / renovation areas not under SFVAHCS control.

4. ANNUAL – Fire Extinguisher Checks at the following locations 1x per year in the month of January.

Please see attached inventory as starting reference. Contractor shall update to reflect current status.

Note: number of extinguishers may change due to areas under construction or renovation. Current number approximately 500 +/- 5% at any given time.

Note: construction contractors required to use their own in off limits areas; VASFHCS third party provided extinguishers are to be removed from construction / renovation areas not under VASFHCS control.

5. As needed monthly, annual, or emergency fire extinguisher pickups or exchanges will be made to replace used or damaged fire extinguishers.

6. INSPECTIONS / LOCATIONS REQUIRED

6.1. The contractor will coordinate inspections with the COR two (2) weeks prior to inspection and/or testing. The COR will request facility access via VA Badge or Physical Key through Facility Management Engineering Services. The contractor will check out all necessary facility keys to conduct inspection/testing prior to start of work and return keys no later than 2:00pm to the Facilities Management Engineering Service on the same day.

6.2. In addition to the main SFVAHCS campus, the following Clinics require annual and monthly inspections and will require contractor provided travel to the locations unless otherwise directed by the COR:

Clearlake, CA 95422

Oakland, CA 94612

Ukiah, CA 95482

Oakland, CA 94612

San Francisco, CA 94158

Santa Rosa, CA 95403

San Francisco CBOC 401 Third Street and

671 Harrison Street

San Francisco, CA 94107

San Bruno, CA 94066

Eureka, CA 95503

7. REPORTS REQUIRED

7.1. Monthly fire extinguisher inventory and service report for the main campus and each clinic location no later than 15 days after the end of the service month.

7.2. Annual fire extinguisher inventory and service report for the main campus and each clinic location no later than 30 days after the end of the annual period.

7.3. Periodic fire extinguisher hydrostatic test service and schedule inventory by location.

8. CONTRACTOR QUALIFICATIONS

8.1. Contractor must be certified and/or licensed to perform specified work and provide a copy to the COR before commencing work.

9. DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)

9.1. The Safety and Occupational Health Specialist designated by the Service and employed by the Department of Veterans Affairs San Francisco Health Care System is authorized to provide technical guidance, however the contractor can still communicate with the COR and will provide all reports to the COR. The COR will coordinate physical access via VA Badge and facility keys for the contractor. No escort will be necessary as the Contractor is required to have a minimum favorably adjudicated NACI background investigation. Ther foregoing is not to be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspects of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated.

10. INVOICE / PAYMENT

10.1. All invoices shall follow instructions confined in the contract.

11. CONTRACTOR SAFETY AND SECURITY REQUIREMENTS

11.1. The contractor will follow the safety and security requirements outlined in the VA San Francisco Health Care Systems directives for personal suitability and security program (Attachment A).

12. CONTRACTOR LICENSES AND PERMITS

12.1. The Contractor must have and maintain a current valid license to perform fire extinguisher services. Contractor will maintain and provide all licenses and permits required by local authority. Copies must be provided to the COR.

13. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

13.1. Upon contract award, all contract personnel, who will work more than six (6) months (180 days) under this contract, shall be subject to background investigation or screening per VA/VHA policy as delineated below, and must receive a favorable adjudication from the local VA facility or VA Security Investigations Center (SIC) depending on the type of investigation/screening required. This requirement is also applicable to all subcontract personnel. If the investigation or screening is not initiated prior to the start date of the contract, the Contractor will not be allowed to proceed with inspections and/or testing.

13.2. Contractor’s personnel who previously received a favorable adjudication as a result of a government background investigation or screening may be exempt from this contract requirement provided that they can provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer. Proof of previous adjudication is subject to verification. Some positions maybe subject to periodic re- investigation/screening. The position risk/sensitivity for this contract is designated as low risk, and the acquisition will not require services that involve connection of a contractor computer or remote connection from a contractor system to the VA internal network.

14. BACKGROUND INVESTIGATION/SCREENING

14.1. The background investigation commensurate with the required level of access is SAC.

15. CONTRACTOR RESPONSIBILITIES

15.1. Within five (5) business days of contract award, the Contractor shall submit or have their contract personnel provide any information or documentation required to conduct the background screening as required by the local VA facility or VA Contracting Officer.

15.2. The following documents will be completed by each contracted employee and once these items are received, VA will pre-screen these items for completeness, and forward them to the appropriate party(s) in order to initiate the required background investigation(s) or screening(s) within fourteen (14) calendar days of appointment. Only after the VA Contracting Officer notifies the Contractor that the background investigation(s) or screening(s) was initiated, shall the Contractor be authorized to provide services under the contract. As previously stated, if the investigation or screening is not completed prior to the state date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

15.2.1.1. Standard Form 85, Questionnaire for Non-Sensitive Positions

15.2.2. Standard Form 85A, Continuation Sheet for Questionnaire.

15.2.3. Optional Form 306, Declaration for Federal Employment.

15.2.4. Electronic Fingerprint Verification or FD 258, U.S. Department of Justice.

15.2.5. Fingerprint Applicant Chart.

15.3. The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the contract.

15.4. Failure to comply with these Contractor personnel security requirements may result in contract termination for default.

16. QUALITY MANAGEMENT

16.1. QUALITY ASSURANCE

Paragraph #

(NFPA 10)

17. GOVERNMENT RESPONSIBILITIES

17.1. The COR will be responsible for performing any duties assigned by the VA Contracting Officer with regard to fulfilling the Contractor personnel security requirements described herein. Upon receipt, the local VA facility or VA SIC, will forward these items to OPM to conduct their portion of the background investigation or screening, as applicable.

36C26127Q0086

17.2. The requesting VA facility will pay for any portion of the investigation or screening conducted by OPM, if any. Depending on the type of investigation/screening required, the local VA facility or VA SIC will notify the VA Contracting Officer after adjudicating the results of the background investigation or screening. The VA Contracting Officer will ensure that the required investigations or screening have been completed or are in the process of being requested.

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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 contract expiration.. 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 contract expiration.; 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 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

(a) During the term of this contract, the Contractor must post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice must be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor must also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor must comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor must include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor must not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor must take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of Clause)

C.5 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause) C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in…