36A77620Q0225-014.docx

36A77620Q0225 Contract Opportunity Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice Omaha ACC PKG 55 Surgical Ortho Hip Knee Sets 44131 36A77620Q0225 04-27-2020 N 339113 Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 http://www.va.gov/ Department of Veterans Affairs Homepage Omaha ACC PKG 55 Surgical Ortho Hip Knee Sets

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.

DUNS:

DUNS+4:

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 ATTA

CHED

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. SIGNAT

URE 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

636-20-1-1337-0081 36A77620Q0225 04-16-2020 Sandra Mruk 216-447-8300 04-27-2020

1400 EDT

36A776 Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 X 339113 750 Employees N/A X 36C636 VA Nebrask-Western Iowa Healthcare Sys Ambulatory Care Center 4101 Woolworth Avenue Omaha NE 68105 36A776 Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429 See CONTINUATION Page Sugical Ortho Hip Knee Sets This Solicitation is being conducted in accordance with FAR Parts 12 and 13.

See section B for line item pricing.

See attached SOW in Section D for important delivery requirements See Section E for quote preparation instructions.

Please reference JSN# and PO# on all packing slips and invoices.

See CONTINUATION Page 636-3600160-1337-820100 Medical-3131 Medical, Dental, and Scie-SPY0CP8A1 X X Sandra Johnson Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36A776 Sandra Johnson Department of Veterans Affairs Program Contracting Activity Central

6150 Oak Tree Blvd, Suite 300 Independence OH 44131

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

1.5mm drill bit Zimmer brand name requirement in accordance with the attached SOW.

JSN U0068-A

MANUFACTURER PART NUMBER (MPN): 00480608515

2.0mm drill bit

MANUFACTURER PART NUMBER (MPN): 00480610020

2.5mm drill bit

MANUFACTURER PART NUMBER (MPN): 00480611025

2.7mm drill bit

MANUFACTURER PART NUMBER (MPN): 00480610027

3.5mm drill bit

MANUFACTURER PART NUMBER (MPN): 00480611035

Bone Pick

JSN U0096-B

MANUFACTURER PART NUMBER (MPN): 00481700100

Dual Z retractor

JSN U0097-B

MANUFACTURER PART NUMBER (MPN): 00598308400

3.5mm ULS Plates

JSN U0120

MANUFACTURER PART NUMBER (MPN): 00493603510

3.5mm ULS Locking Screws

MANUFACTURER PART NUMBER (MPN): 00483603520

3.5mm ULS Cortical Screws

MANUFACTURER PART NUMBER (MPN): 00483603525

4.0mm Cancellous Screws

MANUFACTURER PART NUMBER (MPN): 00483603540

3.5mm ULS Std & Lock Inst.

MANUFACTURER PART NUMBER (MPN): 00483603534

3.5mm Partial THD Cannulated Screw Set Standard

MANUFACTURER PART NUMBER (MPN): 00114700035

3.5mm Full THD Cannulated Screw Set Standard

MANUFACTURER PART NUMBER (MPN): 00114700135

4.0mm 1/3 THD Cannulated Screw Set Standard

MANUFACTURER PART NUMBER (MPN): 00114700235

4.0mm 1/2 THD Cannulated Screw Set Standard

MANUFACTURER PART NUMBER (MPN): 00114700140

3.5mm, 4.0mm Cannulated Instrument Set

MANUFACTURER PART NUMBER (MPN): 00114700240

7.0mm 16mm THD Cannulated Screw Set Standard

MANUFACTURER PART NUMBER (MPN): 00114700170

7.0mm 32mm THD Cannulated Screw Set Standard

MANUFACTURER PART NUMBER (MPN): 00114700270

7.0mm Full THD Cannulated Screw Set Standard

MANUFACTURER PART NUMBER (MPN): 00114700370

7.0mm Cannulated Screw Instrument Set

MANUFACTURER PART NUMBER (MPN): 00114700070

Cont Dual Comp PLT Small Crew Set, Self-tap w/o Case

MANUFACTURER PART NUMBER (MPN): 00480003503

Cont Dual Comp PLT Small Frag Plate Set w/o Case

MANUFACTURER PART NUMBER (MPN): 00480003511

Cont Dual Comp PLT Small Frag Inst. w/Case and Lid

MANUFACTURER PART NUMBER (MPN): 00480003521

Peri 2.7, 3.5, 4.0 Screw Set W/O Case

MANUFACTURER PART NUMBER (MPN): 00234800001

Peri 2.7, 3.5, 4.0 Inst Set W/Case Per 2

MANUFACTURER PART NUMBER (MPN): 00234800002

Pressure Sentinel Flexible Reamers

MANUFACTURER PART NUMBER (MPN): 00222800003

Peri Screw Caddy for 3.5mm Screw w/2.7 Head

MANUFACTURER PART NUMBER (MPN): 00234803050

3.5mm Cortical Screw, Self-Tap, Small Hex 55mm

MANUFACTURER PART NUMBER (MPN): 00483505501

3.5mm Cortical Screw, Self-Tap, Small Hex 60mm

MANUFACTURER PART NUMBER (MPN): 00483506001

3.5mm Cortical Screw, Self-Tap, Small Hex 65mm

JSN U0120

MANUFACTURER PART NUMBER (MPN): 00483506501

LOCAL STOCK NUMBER: 00483506501

3.5mm Cortical Screw, Self-Tap, Small Hex 70mm

MANUFACTURER PART NUMBER (MPN): 00483507001

3.5mm Cortical Screw, Self-Tap, Small Hex 75mm

MANUFACTURER PART NUMBER (MPN): 00483507501

3.5mm Cortical Screw, Self-Tap, Small Hex 80mm

MANUFACTURER PART NUMBER (MPN): 00483508001

3.5mm Cortical Screw, Self-Tap, Small Hex 85mm

MANUFACTURER PART NUMBER (MPN): 00483508501

3.5mm Cortical Screw, Self-Tap, Small Hex 90mm

MANUFACTURER PART NUMBER (MPN): 00483509001

3.5mm Cortical Screw, Self-Tap, Small Hex 95mm

MANUFACTURER PART NUMBER (MPN): 00483509501

3.5mm Cortical Screw, Self-Tap, Small Hex 100mm

MANUFACTURER PART NUMBER (MPN): 00483510001

3.5mm Cortical Screw, Self-Tap, Small Hex 105mm

MANUFACTURER PART NUMBER (MPN): 00483510501

3.5mm Cortical Screw, Self-Tap, Small Hex 110mm

MANUFACTURER PART NUMBER (MPN): 00483511001

Peri Screw 3.5mm x 50mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234805035

Peri Screw 3.5mm x 52mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234805235

Peri Screw 3.5mm x 54mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234805435

Peri Screw 3.5mm x 56mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234805635

Peri Screw 3.5mm x 58mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234805835

Peri Screw 3.5mm x 60mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234806035

Peri Screw 3.5mm x 65mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234806535

Peri Screw 3.5mm x 70mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234807035

Peri Screw 3.5mm x 75mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234807535

Peri Screw 3.5mm x 80mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234808035

Peri Screw 3.5mm x 85mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234808535

Peri Screw 3.5mm x 90mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234809035

Peri Screw 3.5mm x 95mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234809535

Peri Screw 3.5mm x 100mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234810035

Peri Screw 3.5mm x 105mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234810535

Peri Screw 3.5mm x 110mm W/2.7mm Head, Self-Tap

MANUFACTURER PART NUMBER (MPN): 00234811035

Assemble and ship items in sets as required by SOW Section 1.1

B.3 DELIVERY SCHEDULE

4101 Woolworth Avenue Omaha, NE 68105

USA

402-995-5847 mark.stockstell@va.gov

4101 Woolworth Avenue Omaha, NE 68105

USA

4101 Woolworth Avenue Omaha, NE 68105

USA

4101 Woolworth Avenue Omaha, NE 68105

USA

4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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4101 Woolworth Avenue Omaha, NE 68105

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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 ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

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52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2019-01).

As prescribed in 19.1309(b), insert the following clause: [Insert the following clause in solicitations and contracts for acquisitions conducted using full and open competition:]

NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION 2019-01)

(a) Definitions. As used in this clause— “HUBZone small business concern” means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (e) and (f) of this clause do not apply if the offeror has waived the evaluation preference.

__ Offeror elects to waive the evaluation preference.

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

(e) Agreement. By submission of an offer and execution of a contract, a HUBZone small business concern agrees that, in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

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

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

(f) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable requirements specified in paragraph (e) of this clause.

(g)(1Unless SBA has waived the requirements of paragraphs (g)(1)(i) through (iii) of this clause in accordance with 13

Page 1 of Page 1 of CFR 121.1204, a HUBZone small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraphs (g)(1) of this clause does not apply to construction or service contracts, or when the price evaluation preference is waived by the offeror.

(h) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) (DEVIATION)

GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

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

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

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

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

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

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

(4) Solicitations or contracts in which the designated agency office…