Solicitation - 36C24626Q1025.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________

(hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 45

36C24626Q1025

09-18-2026

637 25 107

Bryant Guerrant

Department of Veterans Affairs

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

Taneil Crump and Bryant Guerrant 7577224968

Project Title: Pharmacy Compounding Room Floor Project Number: 637-25-107

NAICS Code: 238330 Flooring Contractors

Magnitude of Construction: Between $100,000 and $250,000

THIS IS 100% SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS SET-ASIDE.

Project Description: Contractor shall provide all labor, material, equipment, and qualified supervision as necessary to perform work as described in the Drawings and Specifications for Project 637-25-107 Pharmacy Compound Room Floor at the

Asheville VA Medical Center (VAMC) located in Asheville, NC28805.

In accordance with established public law, all bidders are required to be registered and current in System for Award

Management (SAM) at the time of award. The Official website of the U.S. Government at www.sam.gov.

IAW VAAR 852.219-75 (a)(1)(iii) - Special Trade construction contractor and SDVOSB is required to perform 25% of the construction work. Wage Determination "General Decision Number: NC20260016 05/18/2026

Prime SDVOSB shall comply with limitations on subcontracting as defined in 13 CFR 125.6

** Quote Due Date: Friday, October 2nd, 2026 at 10 AM ET

** Site Visit Date: Thursday, September 24th, 2026 at 9 AM ET

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial

Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

15 120 x x x 15 days

1 email pdf 10 AM EDT

10-02-2026 x

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your

Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Quote Amount _______________________

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

512-460-5049 512-460-5221

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or

Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

SECTION B - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV

2025) ALTERNATE I (OCT 2022)

52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

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

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) 33

VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN

2023) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PHARMACY FLOORING COMPLETE SPECIFICATIONS

D.2 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 INSTRUCTIONS TO QUOTERS

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.3 BASIS FOR AWARD

SECTION B - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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 36C246

Department of Veterans Affairs

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

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

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

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Completion and Acceptance of Work

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.tungsten-network.com/customer-campaigns/veteransaffairs

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

AMENDMENT NO DATE

https://www.tungsten-network.com/customer-campaigns/veteransaffairs

B.2 STATEMENT OF WORK

PROJECT # 637 25 107

REPLACE PHARMACY COMPOUNDING ROOM FLOOR

ASHEVILLE, NC

SCOPE

Project Overview The contractor shall provide all labor, materials, equipment, supervision, and incidentals necessary to replace existing resinous flooring in

Pharmacy Compounding Rooms. Work includes standard substrate preparation and installation of specified flooring materials, in accordance with manufacturer guidelines and VA Medical Center requirements.

The contractor should reference all Specifications in conjunction with this

Scope of Work for a complete understanding of the requirements. This Scope of Work document is intended to facilitate a contract that focuses on the complete removal and replacement of the flooring currently used in the pharmaceutical compounding rooms in the Pharmacy space.

1. DESCRIPTION OF SERVICES

1.1. The contractor will provide all labor, materials, tools, associated equipment, and services necessary for the construction of the areas of work of this project as listed below.

1.2. Clean and repair concrete substrates of each space to make ready for application of the new flooring material.

1.3. Install new resinous epoxy flooring system (RES-3), standard smooth finish and an integral cove base 4” height, 1” radius. Basis of Design

1.3.1. Contractor shall be responsible for ensuring all work-related debris, trash, and waste materials are properly disposed of at the completion of each day’s work.

1.4. Contractor shall be responsible for all safety enclosures to ensure containment of work-related noise and debris. Contractor shall work with VA Infection control to ensure Infection Control measures are established and followed.

1.5. Apply all required primer coat as required by applicable product requirements as indicated in VAHCS specifications.

1.6. All features and accoutrements that are not removable from the space must be taped/covered to prevent contamination by applied flooring product.

1.7. Replace flooring and integrated base in areas shown on

applicable plan sheets.

1.8. Ensure all resins are fully acclimated to the intended space.

1.9. Repair/replace all drywall impacted by removal of existing flooring.

1.10. Interface between base material and drywall must be seamless.

1.11. Ensure all floor penetrations (if applicable) are fully integrated into the new flooring system.

1.12. Flooring must be completely continuous and free of cracks, bubbles, grooves, or other blemishes when fully cured.

1.13. Note: Its possible that some compounding room equipment must be disassembled and kept within the space as the floor is replaced.

1.14. This project shall include requirements to clean all areas of work to a level deemed appropriate by VAHCS pharmacy staff and applicable specifications and design guides.

1.15. The Contractor shall hire a Controlled Environment Testing

Association (CETA) certified contractor to decontaminate, disassemble, relocate and re-assemble once the work is completed, a

Baker LAFW hood in the main pharmacy and various Omnicell IVX machines and peripherals. Winergy is the contractor used by this VA.

This work will be coordinated through Biomed. The VA will have a location set for storing this equipment during the flooring process.

1.15.1. In our hazardous buffer room, the two biological safety cabinet (BSC) hoods need to be disconnected from the ducted exhaust air, then moved with man-portable lifts onto whatever rolling platforms that will fit through the anteroom doors

1.15.2. In our non-hazardous buffer room, the two LAFW hoods

are on wheels and can be moved out pretty easily.

1.16. Contractor shall be responsible for all final inspections and cleaning to ensure that all workspaces have been returned to the requisite state of Operational readiness as indicated by VAHCS

Pharmacy personnel and Applicable regulations and requirements.

1.17. Contractor shall be responsible for ensuring all smell and vapor produced by this work is properly ventilated per applicable codes.

1.18. The contractor will be responsible for coordination with

Biomed to get the cabinets back into place and certified for use

1.19. Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

1.20. It is the responsibility of the contractor to repair suitably or replace all damaged property due to contractors’ negligence.

1.21. The contractor will be required to provide the Contracting

Officer a comprehensive schedule to perform this project. A two week notice to the Contracting Officer will need to be approved prior to any changes affecting the schedule.

1.22. The contractor shall prepare establish and maintain an effective quality control (QC) system. QC consists of plans, procedures, and organization necessary to produce an end product which complies with the Contract requirements.

2. Protection of Existing Work

2.1. The Contractor shall preserve and protect all structures AND equipment from damage during the construction of this project.

2.2. The Contractor shall protect from all damage of improvements and utilities at or near the work site and on adjacent property including those that are the property of a third party from failure to comply with the requirements and reasonable care while performing the work.

2.3. The contractor shall under regulations prescribed by the Contracting

Officer use only the established approved routes. When materials or equipment are transported, equipment must not exceed loading capacity recommended by manufacturer. The A/E shall detail proper

ICRA approved methods of moving materials in and out of the space.

2.4. It is the responsibility of the contractor to repair suitably or replace all damaged property due to contractors’ negligence.

3. ISSUES OF CONCERN

3.1. Issues of concern required to be investigated and addressed within this project include, but are not limited to:

3.1.1. Adherence to applicable building codes and compliance

requirements. Ensuring compliance with current building codes for safety, accessibility is essential.

3.1.2. Adherence to applicable ICRA regulations and compliance requirements. Ensuring compliance with current building codes for safety, accessibility is essential.

3.1.3. Development of comprehensive design and cost estimates through an iterative review process to eliminate the need for project modifications and supplemental funding requests

3.1.4. Although highly unlikely, asbestos may be encountered during demolition work. If encountered:

3.1.4.1. The contractor shall provide all necessary professional services to perform the planning and removal of the asbestos.

The contractor is responsible and liable for the professional design and removal in accordance with the contract, asbestos abatement best practices, VA standards, VA project-specific requirements if any, and all applicable regulations and standards

3.1.4.2. Below is a brief description of the estimated quantities of asbestos flooring materials to be abated. These quantities are for informational purposes only and are based on the best information available at the time of the specification preparation. The

Contractor shall satisfy himself as to the actual quantities to be abated. Nothing in this section may be interpreted as limiting the extent of work otherwise required by this contract and related documents.

3.1.4.3. Possible removal, clean-up and disposal of asbestos containing materials (ACM) and asbestos/waste contaminated elements or debris in an appropriate regulated area for the following approximate quantities; (440) square feet of flooring and mastic.

3.1.4.4. Please see spec section 02 82 13.19 for full details

4. SOLICITATION SUPPORT SERVICES

4.1. The VA will:

4.1.1. Respond in a timely manner to all RFI’s provided by the bidding contractors.

4.1.2. Review and evaluate proposals for adequacy, adherence to dwgs / specifications and completeness of package

4.1.3. Prepare and supply the CO with a written evaluation of the findings after review of proposals is complete.

5. CONSTRUCTION PERIOD SERVICES

As referenced in FAR 52.236-4 and VAAR 852.236-71 of the solicitation all available record drawings will be provided upon request. They should not however, be considered “as-built”. These drawing files are provided without warranty or obligation as to the accuracy or information contained in the files. All information in the files shall be independently verified by the user. Any user shall agree to indemnify and hold the VA harmless from any and all claims, damages, losses, and expenses, including, but not limited to, attorney fees arising out of the use of the Computer Aided

Design and Drafting (CADD) drawing files.

(ftl (ftl (ftl fcllft)

674.0 1.11 11.75

Anteroom 1F115A:

W'ICtl'I Width ktlcJ'll VOl\.ltM

Total Room Area($Clft]I §.U

No�hazardous Buffer Room

1F1158:

�tn(th Wicltl'I Htlct'l

IOI <OJ I'll

I •

TotalRoom Alea(s,qftll 133.S

HazardousBuffer Room 1F115C:

LellCffl Wldtfl Mef$h.t Volume

..,.,I

(ftl 1ft) (ft) (cuft)

Cut out A Cut out

Total Room Area(sqft)I JJ0.9

JoralBoom Yob,me m•1 i

12.33 10.83 1.068.3

7.8.l 29.08 8 1,.821,6

3 1.33 • 31.9

2➔08 1.33 22.1

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT

UNIT

PRICE AMOUNT

1.00 JB _________ _________

The contractor shall provide all labor, materials, equipment, supervision, and incidentals necessary to replace existing resinous flooring in Pharmacy Compounding Rooms.

PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

GRAND TOTAL _________

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)

C.2 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:

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 these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/ https://www.va.gov/oal/library/vaar/

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

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED (DEVIATION)

NOV 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

NOV 2015

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION) NOV 2025

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (DEVIATION) NOV 2025

52.222-7 WITHHOLDING OF FUNDS (DEVIATION) NOV 2025

52.222-8 PAYROLLS AND BASIC RECORDS (DEVIATION) NOV 2025

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

(DEVIATION)

NOV 2025

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (DEVIATION) NOV 2025

52.222-12 CONTRACT TERMINATION—DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS

MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (DEVIATION) NOV 2025

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/ https://www.va.gov/oal/library/vaar/

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(DEVIATION)

NOV 2025

52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) NOV 2025

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION)

NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS JUL 2000

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION JUN 2020

52.229-2 NORTH CAROLINA STATE AND LOCAL SALES AND USE TAX

(DEVIATION)

SEP 2025

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (DEVIATION) SEP 2025

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM

FOR AWARD MANAGEMENT

OCT 2018

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN

SYSTEM FOR AWARD MANAGEMENT

JUL 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD (DEVIATION) NOV 2025

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(DEVIATION)

NOV 2025

52.236-2 DIFFERING SITE CONDITIONS (DEVIATION) AUG 2025

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK (DEVIATION)

AUG 2025

52.236-5 MATERIAL AND WORKMANSHIP (DEVIATION) AUG 2025

52.236-7 PERMITS AND RESPONSIBILITIES (DEVIATION) AUG 2025

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (DEVIATION)

AUG 2025

52.236-12 CLEANING UP (DEVIATION) AUG 2025

52.236-13 ACCIDENT PREVENTION (DEVIATION) ALT I (NOV 1991) AUG 2025

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (DEVIATION) AUG 2025

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(DEVIATION) ALT I (APR 1984)

AUG 2025

52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION)

ALTERNATE I (NOV 2025)

NOV 2025

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION)

APR 2026

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.223-71 SAFETY AND HEALTH SEP 2019

852.228-70 BOND PREMIUM ADJUSTMENT JAN 2008

852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS

DEC 2009

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION APR 2019

852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR APR 2019

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

(End of Clause)

52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the

Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247)

(https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part

436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the

BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The

Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV

2025) ALTERNATE I (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.energy.gov/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energy.gov/femp/low-standby-power-product-list https://www.energy.gov/femp/low-standby-power-product-list https://www.biopreferred.gov/ https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the

United States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both–

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if—

(A The cost of its components mined, produced, or manufactured in the United States exceeds _____ percent of the cost of all its components.

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of ‘‘cost of components’’.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and

(b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: N/A

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of

January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United

States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph

(b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of

January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and…