36C10E23Q0164.docx

36C10E23Q0164

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

VA

36C10E23Q0164 08-01-2023 Tina Angela Brooks 202-461-9098 08-15-2023 09:00

EDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G. Street N.W.

Washington

DC

20006 X X 333517 500 Employees N/A X Special Shipping Instructions To Be Provided After Award Madison

NC

27025 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G. Street N.W.

Washington

DC

20006

All invoices must be emailed to:

laketra.whitman@va.gov tina.brooks@va.gov

See CONTINUATION Page 0001-0101 100% VSOB/SDVOSB set-aside for Aircraft Mechanic Tools Firm Fixed price purchase order

EA

Complete all applicable sections of the solicitation, sign, and email to: tina.brooks@va.gov by due date and time in Block 8 above. Section B.2 Cost/Price Schedule has changed.

Part numbers are for description purposes only.

Purchase order will be awarded to a vendor with active registrations and certificates in SAM.gov, veterans.certify.

sba.gov as well as accurate and current vendorization information with the Financial Service Center (FSC).

Quotes will be evaluated on the fair and reasonable price of all items in accordance with FAR 13.106-2 Evaluation of quotations or offers. Best value for the Government.

Price only.

NOTE: This is a Brand name or Equal solicitation. The part numbers are for description purposes only. Interested party must submit a completed copy of this document signed.

Line through part number and replace with correct part number where items are substituted. ` See CONTINUATION Page See Section B.2 Price/Cost Schedule Obligation number:

Obligation amount:

X X X Tina Angela Brooks

VA-VBA-2019-D88CC7C8

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 36C10E Tina Angela Brooks Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G. Street N.W.

Washington DC 20006

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.

All invoices must be emailed to:

laketra.whitman@va.gov ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BRAND NAME OR EQUAL

Part #: OEX724KB Description: 24PC 12PT SAE COMWRSET PRINCIPAL NAICS CODE: 333517 - Machine Tool Manufacturing PRODUCT/SERVICE CODE: 5120 - Hand Tools, Nonedged, Nonpowered

BRAND NAME OR EQUAL

Part #: OEX54A Description: 12PT 1 11/16IN STD COMWR

BRAND NAME OR EQUAL

Part #: OEX56A Description: 12PT 1 3/4IN STD COMWR

BRAND NAME OR EQUAL

Part #: OEX58A Description: 12PT 1 13/16IN STD COMWR

BRAND NAME OR EQUAL

Part #: OEX60A Description: 12PT 1 7/8IN STD COMWR

BRAND NAME OR EQUAL

Part #: OEX64A Description: 12PT 2IN STD COMWR

BRAND NAME OR EQUAL

Part #: VS814A Description: 14PC 4/WYANG HEAD O/ENDWRSET

BRAND NAME OR EQUAL

Part #: VS8B Description: 1/4IN 4/WYANG HEAD O/ENDWR

BRAND NAME OR EQUAL

Part #: VS10B Description: 5/16IN 4/WYANG HEAD O/ENDWR

BRAND NAME OR EQUAL

Part #: VS11B Description: 11/32IN 4/WYANG HEAD O/ENDWR

BRAND NAME OR EQUAL

Part #: SOXR707A Description: 7PC SAE RATCHCOMBO FDP WR SET

BRAND NAME OR EQUAL

Part #: SOXR01FBR Description: 4PC SAE RATCHCOMBO FDP WR SET

BRAND NAME OR EQUAL

Part #: OEXS715K Description: 15PC 12PT SHRT COMWRSET

BRAND NAME OR EQUAL

Part #: FADH704C Description: 4 PC ADJ WRENCH SET FDP

BRAND NAME OR EQUAL

Part #: AWBPH13 Description: 15PC L/SHP HX WRSET

BRAND NAME OR EQUAL

Part #: DS809K Description: 9PC 15/60 O/END IGNWRSET

BRAND NAME OR EQUAL

Part #: T72 Description: 1/4DR 72T STD RAT

BRAND NAME OR EQUAL

Part #: TLL72 Description: 1/4DR 72T XLNG RAT

BRAND NAME OR EQUAL

Part #: 106BTMX Description: 1/4DR KNR EXT SET (1-1/4-11IN)

BRAND NAME OR EQUAL

Part #: 106ATMXW Description: 6PC WOB EXT SET (1-1/4IN-11IN)

BRAND NAME OR EQUAL

Part #: TMD04 Description: 1/4DR 1/8IN 12PT SHALLOW SCKT

BRAND NAME OR EQUAL

Part #: TMD05 Description: 1/4DR 5/32IN 12PT SHALLOW SCKT

BRAND NAME OR EQUAL

Part #:110TMDY Description: 1/4DR 10PC 12PT SHL SKTSET

BRAND NAME OR EQUAL

Part #: STMD04 Description: 1/4DR 12PT 1/8IN DEEP SKT

BRAND NAME OR EQUAL

Part #: STMD05 Description: 1/4DR 12PT 5/32IN DEEP SKT

BRAND NAME OR EQUAL

Part #: 110STMDY Description: 1/4DR 10PC 12PT DP SKTSET

BRAND NAME OR EQUAL

Part #: F80 Description: 3/8DR 80T STD RAT

BRAND NAME OR EQUAL

Part #: FLL80 Description: 3/8DR 80T XLNG RAT

BRAND NAME OR EQUAL

Part #: 206AFX Description: 6PC 3/8DR FRIC BLL EXT SET

BRAND NAME OR EQUAL

Part #: 211FY Description: 3/8DR 11PC 12PT SHL SKTSET

BRAND NAME OR EQUAL

Part #: FS301 Description: 3/8DR 6PT 15/16" SHL SKT

BRAND NAME OR EQUAL

Part #: FS321 Description: 3/8DR 6PT 1" SHL SKT

BRAND NAME OR EQUAL

Part #: 211SFY Description: 3/8DR 11PC 12PT DP SKTSET

BRAND NAME OR EQUAL

Part #: SF301 Description: 3/8DR 12PT 15/16" DP SKT

BRAND NAME OR EQUAL

Part #: SF321 Description: 3/8DR 12PT 1" DP SKT

BRAND NAME OR EQUAL

Part #: 212EFTAY Description: 12PC FRC HX DR SET

BRAND NAME OR EQUAL

Part #: 211FC0A Description: 3/8DR 11PC O/END C/FTWRSET

BRAND NAME OR EQUAL

Part #: 106TMCO Description: 1/4DR 6PC O/END C/FTWRSET

BRAND NAME OR EQUAL

Part #: WTG8A Description: 8IN WIRE TWIST PLIER

BRAND NAME OR EQUAL

Part #: 61CF Description: 8IN DUCK BILL PLIERS

BRAND NAME OR EQUAL

Part #: 95ACF Description: 6IN NEEDLE NOSE PLIERS

BRAND NAME OR EQUAL

Part #: 495CF Description: 6IN BENT NEEDLE NOSE PLIERS

BRAND NAME OR EQUAL

Part #: 86ACF Description: 6IN DIAGONAL CUTTER

PRODUCT/SERVICE CODE: 5110 - Hand Tools, Edged, Nonpowered

BRAND NAME OR EQUAL

Part #:786CF Description: 6IN FLUSH CUTTING PLIERS

BRAND NAME OR EQUAL

Part #: PWCSS7ACF Description: 7IN STRPR CRMP CUTTER SM GA

BRAND NAME OR EQUAL

Part #: LP7F Description: 7IN FLAT JAW LOCKING PLIERS

BRAND NAME OR EQUAL

Part #: KNX001955S4 Description: 5PC PLIERS WRENCH IN POUCH

BRAND NAME OR EQUAL

Part #: 57CF Description: 7IN HEAVY DUTY COMBO PLIERS

BRAND NAME OR EQUAL

Part #: BMPL1000 Description: 10PC MINI PLIERS SET

BRAND NAME OR EQUAL

Part #: PWC52A Description: JAW PLIERS

BRAND NAME OR EQUAL

Part #: SRPCR112 Description: 12PC SNAP RING PLIERS SET RED

BRAND NAME OR EQUAL

Part #: SGDX160BFR Description: SCR DR FOAM SET 16PC COMBO RED

BRAND NAME OR EQUAL

Part #: SGDMRC108A Description: 8PC RAT S/GR RED STR SD SET

BRAND NAME OR EQUAL

Part #: BP12B Description: BPEEN 12OZ HKRY HM

BRAND NAME OR EQUAL

Part #: HBPT16 Description: 16OZ PLST TP HM

BRAND NAME OR EQUAL

Part #: BF623 Description: SFT/BLW 12-1/2IN MAL

BRAND NAME OR EQUAL

Part #: QD1R50A Description: TORQ WR- 1/4 MECH 10-50 IN LB

BRAND NAME OR EQUAL

Part #: QD1R200A Description: 40-200 IN LB TORQ

BRAND NAME OR EQUAL

Part #: QD2R1000A Description: TORQ WR 3/8 DR 200-1000IN LBS

BRAND NAME OR EQUAL

Part #: MICED1B Description: MECHANICAL MICROMETER 0-1IN

BRAND NAME OR EQUAL

Part #: MCAL12A Description: 0-12IN ELEC DIGI CALIP

BRAND NAME OR EQUAL

Part #: EEDM596FK Description: ADVANCED DMM COLOR TRMS-APP

BRAND NAME OR EQUAL

Part #: TPMA25 Description: 25FT STANDARD TAPE MEASURE

BRAND NAME OR EQUAL

Part #: RULER6 Description: 6IN STEEL RULE

BRAND NAME OR EQUAL

Part #: RULER12 Description: 12IN STEEL RULE

BRAND NAME OR EQUAL

Part #: FB336 Description: GAGE BLADE SET RED INTERCH

BRAND NAME OR EQUAL

Part #: CNT3S402A Description: TREAD DEPTH GAUGE

BRAND NAME OR EQUAL

Part #: TD1040A Description: THREAD PITCH GAUGE FRACTIONAL

BRAND NAME OR EQUAL

Part #: ATI1590RGK-4X Description: RIVET GUN KIT-4X GUN

BRAND NAME OR EQUAL

Part #: HBFN120B Description: FILE SET SWISS PATTERN MINI

BRAND NAME OR EQUAL

Part #: SGHBF500A Description: 4PC FILE SET MIXED RED SFT GRP

BRAND NAME OR EQUAL

Part #: PPC715BK Description: 16PC PNCH/CHSL SET

BRAND NAME OR EQUAL

Part #: PPBL30AK Description: 3PC BRNZ PNCH SET

BRAND NAME OR EQUAL

Part #: BF715B Description: 14IN SPN DLLY

BRAND NAME OR EQUAL

Part #: BF716B Description: 10IN LGHT DNG SPN

BRAND NAME OR EQUAL

Part #: UIM125 Description: 1-1/4"DI.MIRROR

BRAND NAME OR EQUAL

Part #: UIM225 Description: 2-1/4"DI.MIRROR

BRAND NAME OR EQUAL

Part #: UIM325 Description: 3-1/4"DI.MIRROR

BRAND NAME OR EQUAL

Part #: UPT15 Description: 1.5LB MAGNET

BRAND NAME OR EQUAL

Part #: UPT35 Description: 3LB MAG-5LB POWERCAP MAG

BRAND NAME OR EQUAL

Part #: UPT50A Description: 10 LB. MAGNETIC PICKUP TOOL

BRAND NAME OR EQUAL

Part #: UPT2FL Description: FLEX MAG P/U TOOL

BRAND NAME OR EQUAL

Part #: CCY30325 Description: XPH30R HEADLAMP

BRAND NAME OR EQUAL

Part #: STL88810 Description: WEDGE BLACK

BRAND NAME OR EQUAL

Part #: YAKS42 Description: BUTANE SOLDERING IRON KIT

BRAND NAME OR EQUAL

Part #: CDR861K2 Description: 14.4V 3/8 LI DRILLKIT RED

BRAND NAME OR EQUAL

Part #: CTQ861K2 Description: 14.4V 3/8 QC IMPACT W/BATTERY

BRAND NAME OR EQUAL

Part #: ASAL204B Description: PICK SET,4PC LONG MINI ACE BLK

BRAND NAME OR EQUAL

Part #: ASA204B Description: PICK SET 4PC MINI ACETATE BLK

BRAND NAME OR EQUAL

Part #: WEEA15FZKIT Description: FLEXILLA BLOW GUN KIT

BRAND NAME OR EQUAL

Part #: BTWSMPK Description: 7PC BIT MINI RAT HND SET

BRAND NAME OR EQUAL

Part #: KETN602C2BSY Description: 2BK RC 54IN GLOSS BLACK

BRAND NAME OR EQUAL

Part #: BK7000Description: HD Borescope W/5.5MM

BRAND NAME OR EQUAL

Part #: ATI2979UDescription: HI-LOC REMOVAL PLIERS

BRAND NAME OR EQUAL

Part #: TY72 Description: 1/4 Drive dual ratchet 72T

BRAND NAME OR EQUAL

Part #: PDR5000ADescription: 1/2 reversible air drill

BRAND NAME OR EQUAL

Part #: PTGR450Description: HP heavy duty angle grinder

BRAND NAME OR EQUAL

Part #: PTC490Description: angle cut off

BRAND NAME OR EQUAL

Part #: AT811Description: angle air drill

BRAND NAME OR EQUAL

Part #: ATI719Description: bucking bar

BRAND NAME OR EQUAL

Part #: YA900Description: automatic center punch

B.3 DELIVERY SCHEDULE

To Be Provided After Award Madison, NC 27025

USA

336-251-0571 laketra.whitman@va.gov

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Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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; 41 U.S.C. 4712 and 10 U.S.C. 4701 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 PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, ‘‘Veteran-owned small business or VOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Veteran(s);

(ii) The management and daily business operations of which are controlled by one or more Veteran(s);

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document.

(iv) The business has been verified for ownership and control pursuant to 38 U.S.C. 8127 and 13 CFR 128, and is certified and listed in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting, and the Veterans Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) ‘‘Veteran’’ is defined in 38 U.S.C. 101(2).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans’’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be certified and listed in the SBA certification database.

(5) The term “VOSB participant” or certified VOSB means a small business that has been certified as eligible to participate in the Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102). It includes certified service-disabled veteran-owned small businesses (SDVOSBs).

(b) General. In order for a concern to submit an offer and be eligible for the award of a VOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be certified and listed as a VOSB or SDVOSB participant in the certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified VOSBs or SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made only to a certified VOSB who is eligible at the time of submission of offer(s) and at time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as a VOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified VOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified VOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on-subcontracting (LOS) requirements in 13 CFR 121.406(b) and 125.6. For the purpose of the limitations on subcontracting, only certified VOSBs listed in the SBA certification database, (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 and/or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified VOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified VOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the VOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the VOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified VOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified VOSBs listed in the SBA certification database.

(5) Subcontracting. A VOSB must meet the NAICS size standard assigned by the prime contractor and be listed in the SBA certification database to count as similarly situated. Any work that a first tier VOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. A VOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as a VOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.10, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s VOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2, Causes for Debarment).

(End of Clause) C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.4 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.