S02 - SPS Water Purification - 36C24426Q0162.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

36C24426Q0162 12-16-2025

Olivia McDonald (Contract Specialist) olivia.mcdonald@va.gov 01-23-2026

16:00 EST

36C244

Department of Veterans Affairs

Network Contracting Office 4

Wilkes-Barre VA Medical Center

1111 East End Blvd

Wilkes-Barre PA 18711

Commodities 1

X 100

X

221310

$41 Million

N/A

X

36C693

Wilkes-Barre VA Medical Center

1111 East End Blvd

Wilkes-Barre PA 18711

See block 9.

Austin Payment Center

Department of Veterans Affairs

PO Box 149971

Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

Sterile Processing Service - Water Purification System and

Installation for the Wilkes-Barre VA Medical Center.

This is a total small business set-aside.

See continuation pages for FULL details.

Vendors MUST read the solicitation in its entirety.

Vendors are to fil out all sections that require vendor input.

**A site visit will be held for this solicitation on

January 8, 2025 at 10:00 AM EST at the Wilkes-Barre VA

Medical Center. See Statement of Work for full details.

All questions are due No Later Than 4:00 PM EST on 1/14/2025 to Contract Specialist via email to olivia.mcdonald@va.gov.

Any and ALL questions will be answered by amendment after the question due date.

See CONTINUATION Page

X 1

Benjamin Villasenor

Contracting Officer

36C24426Q0162

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

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

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

E.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: _________________________

POC:__________________________

Phone:___________________

Email:_____________________________

b. GOVERNMENT: Contracting Officer 36C244 Olivia McDonald (Contract Specialist)

Department of Veterans Affairs

Network Contracting Office 4

Wilkes-Barre VA Medical Center

1111 East End Blvd

Wilkes-Barre PA 18711

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon delivery and acceptance by the government.

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.

Tungsten Network https://www.tungstenautomation.com/products/einvoice-network

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Sterile Processing Service Water Purification System Department of Veterans Affairs

Wilkes-Barre VA Medical Center 1111 East End Blvd.

Wilkes-Barre, PA 18711-0030

1. Introduction:

The Department of Veterans Affairs Medical Center, Wilkes-Barre, PA (WBVAMC) Sterile Processing Service (SPS) supports a robust facility instrument reprocessing system with the reprocessing of approximately 73,000 instruments per fiscal quarter. WBVAMC requires replacement of one (1) Water Purification System for the recommended water quality necessary according to AAMI ST108 standards for the reprocessing of medical instrumentation and Reusable Medical Devices (RMD).

2. Objective:

A key mission of WBVAMC SPS is to successfully support the reprocessing requirements for the RMD utilized in 22 services to include the main Wilkes-Barre VAMC Medical Facility and the Allentown Community Based Outpatient Clinic in accordance with ANSI/AAMI ST 79:2020, AAMI ST108 Water Quality for the Reprocessing of Medical Instrumentation and Devices and VHA Directive 1116(2) “Management of Critical and Semi-Critical Reusable Medical Devices”.

To accomplish this task, according to regulatory guidelines, the support of a water purification system is essential for use in delivering quality critical water to all equipment used in the Sterile Processing System decontamination area as well as in the use for the manual cleaning process.

The support of a water purification system ensures the requirements are met and safe deliverable products are available to our Veterans.

3. Scope:

The scope of this effort includes SPS reprocessing support to provide safe and deliverable RMD inventory to the WBVAMC for Veteran procedures. These services provided to our Veterans require the use of a water purification system designed specifically to produce water that meets AAMI ST108 Critical Water specifications. This reduces pitting in instruments and corrosion, microbial fouling, mineral scaling and improves cleaning quality and efficiency.

4. Requirements:

The following section describes the requirements and tasks that shall be accomplished to meet these requirements. The contractor/vendor must refine and coordinate directly with vendor’s/manufacturer’s guidelines regarding the staging/storage, moving, installation and de-commissioning of the current unit, and disposal of the current unit following product specifications in the space designed for the one required replacement unit to ensure a seamless turn-key installation of product to the WBVAMC SPS.

4.1. Water Purification System is intended to produce water that meets AAMI ST108 Critical Water specifications.

4.2. The system proposed will produce at least 312 gallons per hour and deliver 20 gallons per minute to the following equipment: 2 Washer/Disinfectors; 2 floor model ultrasonics;

1 tabletop model ultrasonic; and one decontamination sink port for manual washing of instruments.

4.3. The system must have at least a 250-gallon tank with 200 Working Volume gallons.

4.4. Required loop feed pressure must be at least 75 psig.

4.5. Process piping: assumed distribution loop pipe diameter maximum allowable loop pressure drop is 55 psid.

4.6. Loop feed flow rate is 20gpm.

4.7. Loop return minimum should be 3gpm.

4.8. Draw down at Point of use will be 17 gallons per minute maximum and continuous.

4.9. System must have an ultraviolet light system.

4.10. System must have a leak detector and shut off valve solenoid valve.

4.11. System must be both a Deionized (DI) water and Reverse Osmosis (RO) water purification system with automated RO bypass.

4.12. End Product water temperature delivered to manual cleaning sinks must be between 80-120 degrees Fahrenheit.

4.13. The installation of product will be completed from Friday after 4:30PM and before Monday at 6:00AM.

4.14. In addition to the equipment needs above, services by vendor will include one (1) on-stie time for system installation, system startup, system sanitization, customer training and verification sampling. Training shall occur after system installation is complete.

5. Site Visit:

To allow for proper quotation of the system, a site visit will be held to confirm space, all utilities and disconnects to allow for proper layout and design configuration of the water purification system.

January 8, 2025, at 10:00 AM EST.

Wilkes-Barre Medical Center 1111 East End Boulevard Wilkes-Barre, PA 18711-0030 Sterile Processing Service, 4th floor Room N4-96 Please plan on meeting in the main lobby of the facility.

6. Delivery:

6.1. All delivery schedules should be coordinated through facilities in advance.

6.2. No corrugated boxes are allowed into the facility, if needed then vendor must provide their own recyclable dumpster and not be limited to overnight parking for such dumpster.

6.3. Vendor must provide staff onsite upon deliveries to load and offload deliveries.

6.4. Delivery should be 30 days ARO, FOB Destination only, to the following:

Attn: Warehouse Wilkes-Barre Medical Center 1111 East End Boulevard Wilkes-Barre, PA 18711-0030

6.5. Delivery shall be coordinated with the POC, Chief of Sterile Processing Service, Monday through Friday 08:00 AM-16:30 PM ET. Delivery, installation/configuration, and removal of existing system must be managed and completed in coordination with VA Standards. No direct deliveries will be accepted by the VA; the vendor must arrange and be present for all deliveries. The VA will turn away any unscheduled deliveries at the vendor’s expense. A project manager or project designer and installation foreman must be onsite during installation.

6.6. For product delivery, the combination freight/passenger elevator is available at no additional charge.

6.7. All deliveries are through the loading dock and must be scheduled two (2) weeks prior to delivery. The loading dock can be congested at times.

7. Installation

7.1. The contractor/vendor must be responsible for protecting the floors to and from the elevator and from the elevator to the workspace. Masonite is required for all floors as well as door jamb and corner protection. All transport carts and wheeled equipment must be checked and verified to ensure damage is not made by them. Any damage done to the space must be repaired within 90 days at the vendor’s expense.

7.2. The contractor shall perform removal of the current unit and perform full installation of the new unit per manufacturer’s recommended specifications and procedures.

7.3. Removal and installation process must be performed during weekend (Saturday/Sunday) between the hours of 6AM and 8PM. Process must be coordinated with Chief of Sterile Processing Service prior to scheduling.

8. Receive and Unload:

8.1. If the contractor is unable to complete the assembly and placement of all unloaded items before the end of the workday, the Contractor will be responsible for moving these items to a secure location until the next available workday. The Contractor will be responsible for moving the items from the overnight storage site to its designated position in the building.

8.2. The contractor must verify and inspect all items. Any and all deficiencies

(damage/overage/shortage) must be brought to the attention of the assigned POC in writing, preferably via email, immediately upon identification.

8.3. The contractor must store damaged items in the location designated by the POC. The Contractor must maintain a complete file of all documents relating to each discrepancy and copies of all Discrepancy Reports m u s t be forwarded to the POC on a daily basis.

8.4. The contractor must repair or coordinate with the POC for the replacement of damaged, defective, or missing items.

9. Assembly and final acceptance

9.1. The contractor must be responsible for all safety and security guidelines within the area in which work is being performed, including securing any contractor- owned tools or equipment, and any on-site storage being utilized.

9.2. The contractor must install all items in accordance with each requirement statement and basic component floorplan designed and provided by the contractor with each task order.

9.3. The contractor must uncrate all items received and perform all required assembly in accordance with the manufacturers’ instructions.

9.4. The contractor must prevent its personnel from entering any area other than the designated work area.

9.5. The contractor must maintain a means of egress within all designated work areas to comply with fire codes.

9.6. The contractor must inspect to ensure that the product(s) is free of surface dirt, clean and polished, free of defects, and that the installation is complete and ready for use.

9.7. The contractor must do a final walkthrough with POC and provide a punch list before releasing crew for the day.

9.8. Final Acceptance by the Government will not occur until all installed items have been wiped cleaned and debris/dust connected with installation is removed from the VA site.

10. Jobsite Cleanliness:

10.1. The contractor must be responsible for the removal and disposal of all trash/debris connected with uncrating and assembling all items installed under this contract.

10.2. Recyclable cardboard products must be disposed of in accordance with applicable statutes, in respective containers. The contractor is responsible for providing trash containers at an offsite facility.

10.3. Packing materials must not be stored in the buildings for any period exceeding 24 hours.

11. Flu Vaccination and Tuberculosis Screening:

11.1. Vendor must follow the following VHA Directive for Flu Vaccination and

Tuberculosis Screening:

11.1.1. VHA Directive 1192 requires all health care personnel (HCP) to participate in the seasonal influenza prevention program and outlines the key implementation steps. Health care personnel is defined in VHA Directive 1192 as all VA licensed and unlicensed, clinical, and administrative, paid, and unpaid, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, students, researchers, volunteers and trainees who work in VA locations. HCP covered by the policy are expected to receive annual influenza vaccinations.

Those HCP unable or unwilling to be vaccinated are required to wear a face mask throughout the influenza season. Masks are available at entrances throughout the medical center.

11.2. It is the responsibility of the vendor to ensure that all contracted staff are compliant with the requirements outlined in VHA Directive 1192. The contractor shall maintain the following documentation:

11.2.1. Documentation of vaccination, e.g., signed record of immunization from a healthcare provider or pharmacy, or a copy of medical records documenting a vaccination.

11.2.2. Completed Health Care Personnel Influenza Vaccination Form (Attachment B of

VHA Directive 1192) if unwilling or unable to receive the vaccination.

11.2.3. Annual certification that all contract staff performing services at VA facilities are in compliance with VHA Directive 1192. This is to be submitted to Technical Point of Contact (POC).

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

FEED WATER PRESSURE REGULATING VALVE

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment MANUFACTURER PART NUMBER (MPN): Fill in:_____________________

LEAK DETECTOR WITH SHUT OFF SOLENOID VALVE

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

BIG BLUE FILTER HOUSING

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

FRP ACTIVATED CARBON FILTER

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

FRP SOFTENER AND PE BRINE TANK

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

MODIFIED M41 RO UNIT

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

THORNTON CONUCTIVITY PROBE AND CABLE

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

PADDLEWHEEL FLOWMETER

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

1.00 SE __________________ __________________

SDI EQUIPMENT

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

STORAGE TANK AND ACCESSORIES

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

DISTRIBUTION LOOP PUMP WITH VFD (LOCAL DISCONNECT

BY OTHERS)

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

ULTRAVIOLET LIGHT SYSTEM 254NM

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

2.00 EA __________________ __________________

PRESSURE SENSOR

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

PADDLEWHEEL FLOWMETER

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

THORNTON CONDUCTIVITY PROBE AND CABLE

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

0.05UM MULTI-ROUND FILTER HOUSING

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

REMOTE MONITORING PANEL

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

PHIGENICS ST108 QUALIFICATION TESTING KIT

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

INSTALLATION OF EQUIPMENT

PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: 4610 - Water Purification Equipment

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Wilkes-Barre VA Medical Center 1111 East End Blvd Wilkes-Barre, PA 18711

USA

1.00 Fill

IN:_________

FOB: DESTINATION

2.00 Fill

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

52.219-33 NONMANUFACTURER RULE SEP 2021

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES

JAN 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES

JUN 2020

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2025

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES MAY 2024

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023

852.246-71 REJECTED GOODS OCT 2018

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Addendum to 52.212-4)

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the

Federal Acquisition Security Council (FASC) develops and maintains and publishes in the

System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance

Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means— https://www.sam.gov

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part

121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply

Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of

Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a

DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the

President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a

Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a

Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab;

or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system

(including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at…