Solicitation 36C26326Q0135.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

Will be included in an

Task Order Issued

36C26326Q0135 11-24-2025

John Milroy 605-336-3230 12-08-2025

12:00PM CST

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

2501 W. 22ND STREET

SIOUX FALLS SD 57105

X 100

X

561720

$22 Million

N/A

VA Nebraska-Western Iowa Health Care Sys

4101 Woolworth Avenue

Omaha NE 68105

Electronic Invoicing System

Tungsten Electronic Invoicing

VA Tungsten Number is: AAA544240062

Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Floor Scrubbing service for the VA Nebraska-Western Iowa

Health Care System. Period of Performance

Base Year: 03/01/2026 to 02/28/2027

Ordering Period I: 03/01/2027 to 02/29/2028

Ordering Period II: 03/01/2028 to 02/28/2029

Ordering Period III: 03/01/2029 to 02/28/2030

Ordering Period IV: 03/01/2030 to 02/28/2031

This procurement is a total Service-Disabled Veteran Owned

Small Business (SDVOSB) Set-aside. At the time of submission of offer, the offeror shall be registered in the SBA as a Service-Disabled Veteran Owned Small Business (SDVOSB) and have an active registration in the System for Award Ma

A completed copy of 852.219-75 - VA Notice of Limitations on

Subcontracting—Certificate of Compliance for Services and

Construction must be included in the submission package.

Failure to submit any of the required information, statement or certifications will result in rejection of the quote without further consideration for award.

See CONTINUATION Page

Will be included in an order against a contract

John Milroy

VA-VHA-RPOC-2023-0067

36C26326Q0135

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK (SOW)

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 20

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

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

(DEVIATION)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS— COMMERCIAL

ITEMS

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

1998)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

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] Monthly

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.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

50,000.00 FT __________________ __________________

Janitorial Service-Corridor Space

Contract Period: Base POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

36,000.00 FT __________________ __________________

Janitorial Service-Room space

Contract Period: Base POP Begin: 03-01-2026 POP End: 02-28-2027

Contract Period: Option 1 POP Begin: 03-01-2027 POP End: 02-29-2028

Contract Period: Option 1 POP Begin: 03-01-2027 POP End: 02-29-2028

Contract Period: Option 2 POP Begin: 03-01-2028 POP End: 02-28-2029

Contract Period: Option 2 POP Begin: 03-01-2028 POP End: 02-28-2029

Contract Period: Option 3 POP Begin: 03-01-2029 POP End: 02-28-2030

Contract Period: Option 3 POP Begin: 03-01-2029 POP End: 02-28-2030

Contract Period: Option 3 POP Begin: 03-01-2030 POP End: 02-28-2031

Contract Period: Option 3 POP Begin: 03-01-2030 POP End: 02-28-2031

GRAND TOTAL __________________

Contract guaranteed minimum is $120,000 for the base period of performance and will be awarded at time of contract award via a task order.

Contract Maximum is $800,000.00 for the lifetime of the contract.

Quantities listed are estimates only based on historical data. Actual quantities on task order can be less than or greater than estimated quantities listed based on the VA Nebraska-Western Iowa Health Care System needs.

Only warranted Contracting Officers from the Department of Veterans can issue task order against this Contract.

B.3 STATEMENT OF WORK (SOW)

1. Contract Title. Stripping and Refinish Floors

2. Background/Dates of Service (Period of Performance).

2.1. The Nebraska Western Iowa VA Medical Center is requesting stripping and refinishing of all identified floors at the medical center in Omaha, NE.

2.2. Omaha VA Medical Center

2.3. 4101 Woolworth Ave.

2.4. Omaha, NE 68105

3. Period of Performance

3.1. Base Year: 03/01/2026 to 02/28/2027

3.2. Ordering Period I: 03/01/2027 to 02/29/2028

3.3. Ordering Period II: 03/01/2028 to 02/28/2029

3.4. Ordering Period III: 03/01/2029 to 02/28/2030

3.5. Ordering Period IV: 03/01/2030 to 02/28/2031

4. Scope.

4.1. Vendor will be required, using industry best practices; strip all identified floors, scrub all baseboards, and applying finish. Areas to be stripped and waxed (S&W), remove all the existing floor finish and apply three layers of Armour- Metallic Interlocked Polymer Floor Finish, prep floor per recommendations. Areas will include but not limited corridors, exam rooms, storage rooms, and offices. The vendor will move all furniture from corridors and rooms, to include exam tables and beds; and return when task is completed.

4.2. The vendor will provide all labor, equipment, tools, chemicals, and Armour- Metallic

Interlocked Polymer Floor Finish.

4.3. Existing Area to be serviced is comprised of the following: Corridors and Exam Rooms throughout the facility consist of an estimated Corridors- 70,000 Sq. ft. and estimated Exam

Rooms, Offices 45,000 Sq. ft. (approximately 375 rooms) of this amount the text in bold below is guaranteed;

4.4. Vendor will be scheduled to S&W Corridors- Estimated 50,000 Sq. ft. per year

4.5. Vendor will be scheduled to S&W Rooms- Estimated 36,000 Sq. ft. per year (approximately 300 rooms)

4.6. Completion of service as follows;

4.7. Complete estimated 70% (35,000 sq. ft.) of 50,000 square feet of corridor space in the first four months.

4.8. Complete estimated 70% (25,200 sq. ft. or 210 rooms) of 36,000 square feet (300 rooms) of room space in the first four months.

4.9. The remaining estimated 30% will be completed within the remaining 8 months or sooner.

4.10. Remaining estimated 30% (15,000 sq. ft.) of corridor space. Weekly average 416 sq. ft.

4.11. Remaining estimated 30% (10,800 sq. ft. or 90 rooms). Weekly average 300 sq. ft. or 2.5 rooms

4.12. Services shall be provided during the hours of 5:00 PM to 6:00 AM Central Time, unless otherwise coordinated with NWI Contracting Officer Representative (COR) or designees.

Inpatient areas will require Floor Maintenance services between the hours of 9 AM – 6 PM.

4.13. EVS Contracting Officer Representative (COR) will provide a listing of floor rooms/areas to be stripped and finished (S&W).

4.14. Vendor is responsible to field verify measurements

4.15. The vendor will move all furniture from room, including exam tables and beds.

4.16. All work to be performed will be coordinated and approved with the EVS COR.

5. STRIPPING AND REFINISH FLOOR

5.1. Vendor responsibilities:

5.1.1. All vendor procedures will be provided, in writing, to the EVS COR and must be approved by the EVS COR before work is started.

5.1.2. All products and SDS must be approved by the EVS COR before work is started.

5.1.3. Unless otherwise specified above, Vendor will perform all work between the hours of 5:00 PM – 6 AM, unless otherwise approved by EVS COR.

5.1.4. Vendor will provide an odorless floor stripper, or an EVS COR approved product.

5.1.5. The vendor will ensure adequate safety measures are in place before work is started. EVS COR must approve safety measures.

5.1.6. The vendor will provide all labor, equipment, tools, chemicals, and Armour-

Metallic Interlocked Polymer Floor Finish floor finish

5.1.7. The vendor will move all furniture from room, including exam tables and beds.

5.1.8. The vendor will replace all furniture, including exam tables and beds when finish is dry; so that finish will not be scratched or scuffed.

5.1.9. The vendor will only remove access to half the hallway at a time, allowing for safe access throughout corridor on the other half at all times. Doorway entrances will be done so that if access is needed, half door way will be accessible for entrance or exit. This will require coordination with VA staff, EVS COR, and the vendor.

5.1.10. The vendor will perform all stripping and finishing tasks.

5.1.11. Scrub all baseboards (baseboards will be cleaned thoroughly), corners and detail all door frames at base.

5.1.12. Industry Best Practices will be used for all floor stripping and finishing procedures.

5.1.13. Vendor will remove existing floor finish and apply three layers of Armour- Metallic

Interlocked Polymer Floor Finish

5.1.14. In the event the tile contains asbestos, the vendor will exercise OSHA approved procedures.

5.1.15. Transitions between doorways will have a clean aesthetic separation.

5.1.16. Transitions between beginning and ending in corridor/s will have a clean aesthetic separation.

5.1.17. All areas will be safe and approved by/with the EVS COR or representative, before opening to the public.

5.1.18. Vendor is responsible for the offsite storage of all material and equipment. There is no site storage area for materials or equipment at the VA facility.

5.1.19. Vendor is responsible to coordinate dock availability/restrictions with EVS COR.

5.1.20. Vendor is responsible for all freight and storage costs associated with this project.

5.1.21. Vendor is responsible for all damages they may have caused during this project.

5.1.22. Personal Protective Equipment (PPE): The use of appropriate PPE is required.

5.1.23. Staging and Parking area will be coordinated and approved with the EVS

Representative.

5.2. Coordination

5.2.1. Services shall be provided during the hours of 5:00 PM to 6:00 AM Central Time, unless otherwise coordinated with NWI Contracting Officer Representative (COR) or designees.

Inpatient areas will require Floor Maintenance services between the hours of 9 AM – 6 PM.

EVS Contracting Officer Representative (COR) will provide a listing of floor rooms/areas to be stripped and finished (S&W).

5.3. All contractor personnel must first report to the Office of Police to sign in and get a contractor badge which must be worn while on station. Personnel must return badge and sign out upon exiting station.

6. SPECIAL CONTRACT REQUIREMENTS

6.1. WORK HOURS:

6.1.1. The services covered by this contract shall be furnished by the contractor as defined herein.

The contractor shall not be required, except in case of emergency, to furnish such services on a Federal Holiday or during off duty hours as described below.

6.1.2. The following terms have the following meanings:

6.1.2.1. Normal working hours: Monday through Friday, 8:00 a.m. – 3:30 p.m., excluding federal holidays.

6.1.2.2. Federal Holidays: The 10 holidays observed by the Federal Government are:

6.1.3. New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial

6.1.4. Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, Christmas. Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

6.1.4.1. While on VA Medical Center premises, contractor employees will wear a company uniform and a visible identification badge which contains a photograph of the employee. All contractor vehicles and collection bins will be clearly identified with the company’s name.

6.1.4.2. Audits will be conducted on a regular basis by the Medical Centers Informational

Security Officer and Privacy Officer. Upon request they will have access to contractors training records, operation process, storage, transportation and destruction documents, policies and procedures.

6.2. Personnel Screening Compliance:

6.2.1. The Contractor’s records/documents must show that they appropriately screen individuals requiring access to the Medical Center’s information and information systems prior to authorizing access.

6.2.2. The Contractor must maintain records or documents that show that the personnel screening control responsibility has been assigned and specific actions taken to ensure the implementation of this control.

6.2.3. The Contractor documents/records must show that they consistently conduct personnel screening for positions within their working unit on an ongoing basis.

6.2.4. When anomalies or problems are encountered by the Contractor in the implementation of the personnel screening control, these are documented and the resulting information is used to improve the control.

6.2.5. VA requires that all personnel be subject to an appropriate background screening prior to permitting permanent access to VA information and information systems, in accordance with requirements contained in VA Directive and Handbook 0710, Personnel Suitability and Security Program, and VA Directive 0735, Personal identity Verification (PIV) of

Federal Employees and Contractors.

7. BACKGROUND INVESTIGATIONS

7.1. All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: Low Risk, National Agency

Check with Written Inquiries (NACI). The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel

Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.

Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

8. GEMS:

8.1. The Nebraska-Western Iowa VA Medical Center has a Green Environmental Management

System (GEMS). The Medical Center is committed to protecting and improving the environment.

8.2. Our goals are:

8.2.1.1. Taking a leadership role in environmental stewardship by providing a clean and safe environment in our community

8.2.1.2. Conserving natural resources and supporting their sustainability by upgrading our environmental systems

8.2.1.3. Reducing the use of hazardous products and the generation of wastes

8.2.1.4. Purchasing renewable, reusable, recyclable and recycled products

8.2.1.5. Working to constantly improve the immediate and long term environmental impacts of the products, services and processes used by the Nebraska-Western Iowa

VA Medical Center. The Medical Center Contractor must follow the spirit of GEMS and recycle all applicable material. The Contractor will follow the GEMS guidelines provided by the Medical Center GEMS coordinator.

9. RECORDS MANAGEMENT OBLIGATIONS

9.1. A. Applicability

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

9.2. B. Definitions

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

Government or because of the informational value of data in them.

9.2.2. The term Federal record:

9.2.2.1. Includes Department of Veteran Affairs records.

9.2.2.2. does not include personal materials.

9.2.2.3. applies to records created, received, or maintained by Contractors pursuant to their

Department of Veteran Affairs contract.

9.2.2.4. may include deliverables and documentation associated with deliverables.

9.3. C. Requirements

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

9.3.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act

(FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

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

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

9.3.4. [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Department of Veteran Affairs or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the

Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of

Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

9.3.5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veteran Affairs control or the Contractor must hold it until otherwise directed. Items returned to the

Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

9.3.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veteran Affairs policy.

9.3.8. The Contractor shall not create or maintain any records containing any non-public

Department of Veteran Affairs information that are not specifically tied to or authorized by the contract.

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

9.3.10. The Department of Veteran Affairs owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which Department of Veteran Affairs shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by

FAR 52.227-11 through FAR 52.227-20.

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

9.3.12. [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

9.4. D. Flowdown of requirements to subcontractors

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

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

Contractor.

10. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

FOR INCLUSION INTO CONTRACTS

10.1. GENERAL. This entire section applies to all acquisitions requiring any Information

Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

10.1.1.

10.2. VA INFORMATION CUSTODIAL LANGUAGE.

10.2.1. This section is not applicable.

10.3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS.

10.3.1. This section is not applicable.

10.4. TRAINING. This entire section applies to all acquisitions which include section 3.

10.4.1. All contractors and subcontractors are required to complete TMS Training VA Privacy

Training for Personnel without Access to VA Computer Systems or VA Sensitive

Information #20939.

10.4.2. The contractor shall provide to the Facility Point of Contact a copy of the training certificate for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.

10.4.3. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.

10.5. SECURITY INCIDENT INVESTIGATION.

10.5.1. This section is not applicable.

10.6. INFORMATION SYSTEM DESIGN AND DEVELOPMENT.

10.6.1. This section is not applicable.

10.7. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE OR USE.

10.7.1. This section is not applicable.

10.8. SECURITY AND PRIVACY CONTROLS COMPLIANCE TESTING,

ASSESSMENT AND AUDITING.

10.8.1. This section is not applicable.

10.9. PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-

COUNTERFEIT AND ANTI-TAMPERING.

10.9.1. This section is not applicable.

10.10. VIRUSES, FIRMWARE AND MALWARE.

10.10.1. This section is not applicable.

10.11. CRYPTOGRAPHIC REQUIREMENT.

10.11.1. This section is not applicable.

10.12. PATCHING GOVERNANCE.

10.12.1. This section is not applicable.

10.13. SPECIALIZED DEVICES/SYSTEMS (MEDICAL DEVICES, SPECIAL

PURPOSE SYSTEMS, RESEARCH SCIENTIFIC COMPUTING).

10.13.1. This section is not applicable.

10.14. DATA CENTER PROVISIONS.

10.14.1. This section is not applicable.

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:

(End of Addendum to 52.212-4)

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 03-01-2026 through 02-28-2031.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $200,000.00;

(2) Any order for a combination of items in excess of $200,000.00; or

(3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of the contract.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of Clause)

C.6 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

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT

NOV 2021

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-27 PROHIBITION ON A BYTEDANCE COVERED

APPLICATION

JUN 2023

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES

DEC 2023

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.219-27 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD

TO, SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE

SDVOSB PROGRAM

FEB 2024

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION

JAN 2025

52.222-3 CONVICT LABOR JUN 2003

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222…