36C24125Q0365.docx

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6530--Liko Patient Lifts
Solicitation number
36C24125Q0365
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This document is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services issued by the Department of Veterans Affairs Network Contracting Office for the Brockton VA Medical Center. The procurement seeks the delivery and installation of 44 Hill-Rom Liko patient lift systems for Building 4's Community Living Center "C Side" renovation, with 36 standard ceiling lifts and 8 bariatric ceiling lifts.

The solicitation is 100% unrestricted and targeted at surgical appliance and supplies manufacturers (NAICS 339113, 800-employee size standard). Key details include a delivery and installation deadline of six weeks following contract award, with a specific delivery date of 06/23/2025. Evaluation criteria comprise price, technical capability, and past performance. The contract period runs from 05-12-2025 to 07-11-2025, with a firm fixed price structure. Contractors must comply with specific installation requirements, including infection control measures, structural support verification, and comprehensive staff training. The total project involves installing lift systems in multiple patient rooms with varying configuration needs, and requires coordination with VA medical staff and adherence to strict safety and documentation protocols.

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36C24125Q0365_1.docx DOCX document
P01_ SOW_ 523-25-3-7042-0015 - BR CLC phase 1.docx DOCX document

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36C24125Q0365

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

36C24125Q0365 05-07-2025 Divianna Mathurin 914-325-325 05-14-2025

10AM

EDT

Department of Veterans Affairs Network Contracting Office 1 950 Campbell Avenue West Haven CT 06516 X 339113 800 Employees N/A X Department of Veteran Affairs Brockton VA Medical Center 940 Belmont Street Brockton MA 02301 Department of Veterans Affairs Network Contracting Office 1 950 Campbell Avenue West Haven CT 06516

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically in accordance with VAAR 852.232-72 https://www.fsc.va.gov/einvoice.asp 1-877-353-9791 See CONTINUATION Page Boston's VA Healthcare System is requesting quotes for delivery and installation of (36) Hill-Rom Likoral 250 ES Motors and Lifts systems and 8 Likoguard motors and lift systems (Bariatric) totaling to (44) for Building 4, CLC “C Side” Renovations on the Brockton Campus as described in the Statement of Work herein.

Service Contract Act Wage Determination # 2015-4053 Applies Revision # 30 | Last Revised Date: Dec 23, 2024 The purpose of this solicitation is to award a firm fixed price contract with no options in accordance with FAR Part 13 Simplified Acquisition Procedures.

This solicitation is 100% unrestricted.

Evaluation Criteria: Price, Technical Capability and Past Performance.

Please submit all quotes by 10AM EST on 05/05/2025.

See CONTINUATION Page X X

CONTRACTING OFFICER

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PRICE/COST SCHEDULE12
ITEM INFORMATION12
B.3 DELIVERY SCHEDULE16
SECTION C - CONTRACT CLAUSES21
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)21
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)26
C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)27
C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)27
C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)28
C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)28
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)29
C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)30
C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)30
C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)30
C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)31
C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)31
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS40
SECTION E - SOLICITATION PROVISIONS41
E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)41
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)41
E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)45
E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)46
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)47
E.6 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)47
E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)48
E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)48
E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)48
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)49

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 36C241 Department of Veterans Affairs Network Contracting Office 1 950 Campbell Avenue West Haven CT 06516

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] After delivery and installation

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

Page 1 of Page 1 of

STATEMENT OF WORK

Forty-Four (44) Patient Liko-Baxter Ceiling Lift Installations Building 4, CLC – Phase 1 – “C” side 940 Belmont St Brockton MA 02301 VA Boston Healthcare System U.S. Department of Veterans Affairs

STATEMENT OF WORK:

General Description of Work The contractor shall furnish all labor, materials, equipment, rentals, finishes, support services, temporary power, ventilation/negative air, infection prevention control measures, demolition, safety/PPE, supervision, and disposal necessary to install forty (44) Hill-Rom Liko furnished Liko Lift Systems in various patient bedrooms inside of building 4, CLC, “C” side, across Brockton Campus of VA Boston Healthcare System. There are two floors that these ceiling lifts will be installed on this “C” side wing o building 4.

The selected contractor shall furnish, deliver, and install forty (44) Liko Lifts Systems to the VA Boston Healthcare System Brockton Campus 940 Belmont St Brockton MA 02301. Loading docks are available and their temporary use shall be coordinated in at least one week in advance. The timeframe for delivery receipt shall be no later than six (6) weeks following award of contract, with coordination of specific dates mutually agreed upon by the VA Medical Center, Any questions regarding this product or its installation should be directed to the local SME and the CO:

Safe Patient Handling & Mobility Program Manager: Gregory Meyer, DPT, GCS Brockton Office - 774-826-3023 VA Cell: 1-617-799-7890 Email: Gregory.Meyer2@va.gov

Alternate POC’s for this procurement and project are:

Alternate SPH&M contact:

Lori Ludovina, LPN, SPH&M Nursing Equipment Specialist Lori.Ludovina@va.gov 1-508 -565-9713 (C)

Any Questions regarding the specific engineering details of this job should be directed to our subject matter experts:

Andre Doyon, Project Engineer: Andre.doyon@va.gov Office PH: 1-774-826-1262 Peter Lopes, supervisory engineer: Peter.Lopes@va.gov Office PH: 1-774-826- 1145 Shawn Whitman: Equip. Mechanic: Shawn.whitman@va.gov Office PH: 1-774-826-1844

General Requirements Contractor shall bear the cost to employ the manufacturers authorized representatives to install, inspect, weight test, and certify lift systems in the following rooms per manufacturer’s recommendations. It should be noted that there are 44 total ceiling lifts in phase 1, and the bedrooms listed below have a combination of one, two, and 3 beds in the rooms. All Straight support Rails are to be “white” in color. The exact length and spec of the straight and supporting rails in each room differ slightly and are spelled out in Baxter’s proposal number LQ-623796-16-Rev 7. Each ceiling lift will be attached to the structure of the building above the ceiling with pendants, or to the wall with slim lines, or a combination of both also outlined in the Rev 7 version of the last and signed proposal. The specific support rails, motors, and number of bedrooms each lift will go in are outlined below as well:

One (1) Bedroom: C137 – LIKO Wall Mounted Patient Lift, Traverse Rail System 550 lbs. Capacity) includes: Likorall 250 ES Lift Motor (550 lbs. Max capacity), Wall Charging, 3.4 X 3.4m Straight Rails and Four Wall Supports.

One (1) Bedroom: C237 LIKO Ceiling Mounted Patient Lift, Traverse Rail System (550 lbs. Capacity) includes: Likorall 250 ES Lift Motor (550 lbs. Max capacity), Wall Charging, 3.4m X 3.4m Straight Rails and Four Pendant Supports

One (1) Bedrooms: C114, C214 & C220 LIKO Wall Mounted Patient Lift, Traverse Rail System (550 lbs. Capacity) includes: Likorall 250 ES Lift Motor (550 lbs. Max capacity), Wall Charging, 5.6m X 3.0m Straight Rails and Four Wall Supports.

One (1) Bedroom: C120 LIKO Ceiling Mounted Patient Lift, Traverse Rail System (550 lbs. Capacity) includes: Likorall 250 ES Lift Motor (550 lbs. Max capacity), Wall Charging, 4.4m X 3.0m Straight Rails and Four Pendant Supports.

Two (2) Bedrooms: C101, C102, C126, C128, C131, C133, C138, C215 & C238 LIKO Wall Mounted Patient Lifts, Traverse Rail System (550 lbs. Capacity) includes: Likorall 250 ES Lift Motor (550 lbs. Max capacity), Wall Charging, 5.6m X 3.0m Straight Rails and Four Wall Supports.

Two (2) Bedrooms: C127, C132, C201 C202 & C222 LIKO Ceiling Mounted Patient Lift, Traverse Rail System (550 lbs. Capacity) includes: Likorall 250 ES Lift Motor (550 lbs. Max capacity), Wall Charging, 4.4m X 3.0m Straight Rails and Four Pendants.

Two (2) Bedrooms: C116, C119, C216, C219, C226, C228, C231 & C233 LIKO Ceiling & Wall Mounted Lift, Traverse Rail System (550 lbs. Capacity) includes: Likorall 250 ES Lift Motor (550 lbs. Max capacity), Wall Charging, 5.6m X 3.0m Straight Rails, Two Pendant Supports & Two Wall Supports.

Two (2) Bedrooms: C129 & C229 (2 Lift systems per room) * 4 Total Lifts LIKO Ceiling Mounted Patient Lift, Traverse Rail System (550 lbs. Capacity) includes: Likorall 250 ES Lift Motor (550 lbs. Max capacity), Wall Charging, 4.4m X3.0m Straight Rails and All Pendant Supports.

Three (3) Bedrooms: C130 & C230 (2 Lift Systems per room) * 4 Total Lifts LIKO Ceiling Mounted Patient Lift, Traverse Rail System (550 lbs. Capacity) includes: Likorall 250 ES Lift Motor (550 lbs. Max capacity), Wall Charging, 4.4m X3.0m Straight Rails and All Pendant Supports.

Patient of Size Lifts: C115, C117, C118, C122, C217, C218, C227 & C232 LIKO Ceiling Mounted Patient Lifts, Traverse Rail System (800 lbs. Capacity) includes: LIKOGUARD XL Lift Motor (800 lbs. Max capacity), Wall Charging, 4.4m X 3.0m Rails Sling Guard Sling bar 450 w/QR, & pendants.

SUBMITTALS

A.Shop drawings shall show structural supports to the underside of structure. Structural calculations for the support of the track and its attachment to ceiling structure shall be submitted. Shop drawings used in the quoting phase shall be PDFs, and either 2D CAD files or 3D BIM files showing structural support to underside of structure. Shop drawings shall also provide general room layout with bed position and all obstructions to ceiling lift.
B.Once the purchase order is accepted by the vendor, a set of stamped drawings shall be provided by the vendor. Shop drawings and structural calculations shall be signed and stamped by a registered structural engineer in the state of installation and shall meet all code requirements in the jurisdiction having authority. Structural engineer shall ensure ceiling minimum structure capacity shall support the loads specified in the shop and installation drawings and follow local structural and seismic codes.
C.Shop drawings shall show obstructions such as lights and sprinklers and coordinate their relocation.
D.Manufacturer shall provide BIM (Building Information Model) for clash detection.
E.Certificates of Compliance from Manufacturer
F.Manufacturer's Literature and Data:
1.Lifting Capacity
2.Lifting Speed
5.Vertical Axis Motor
6.Emergency Brake
7.Emergency Lowering Device
8.Emergency Stopping Device
9.Electronic Soft-Start and Soft-Stop Motor Control
10.Current Limiter for Circuit Protection
12.Strap Length
13.All equipment anchors and supports. Submittals shall include weights, dimensions, center of gravity, standard connections, manufacturer's recommendations and behavior problems (e.g., vibration, thermal expansion,) associated with equipment or piping so that the proposed installation can be properly reviewed.

14. Ensure that the “Quick Release” Sling Bar is on all units except specified such as with the LikoGuard Bariatric ceiling lift motors unless these are available then we would like Quick Release for these as well.

G.Individual Room layouts showing location of lift system installation shall be approved before proceeding with installation of lifts.
H.Manufacturer’s Checklist for after installation inspection, and for Lift Installation and Maintenance Checklist.

PRE-REQUIREMENTS BEFORE INSTALLATION CAN BEGIN:

The Ceiling lift manufacturer must ensure to send the serial numbers of the 44 ceiling lift motors to Gregory.meyer2@va.gov as soon as the products are being prepared to ship from the manufacturer’s warehouse. This will allow for enough time for our logistics team at VA Brockton to create electronic equipment stickers and RTLS trackers for all 44 motors. The installer is to not remove any parts from the VA Brockton warehouse in building 20 until all products have been reconciled with the P.O.’s and until all ceiling lift motors have been both EE tagged and RTLS tags have been placed on them.

Installation

A.Install ceiling mounted patient lift system as per manufacturer's instruction and under the supervision of manufacturer's qualified representative and as shown on drawings.
B.If the distance in between the suspended ceiling and anchors is more than 18” consult with manufacturer to determine if lateral braces will be required. If required, furnish and install lateral braces.

C. Use of equipment and tools that transmit vibrations and noises through the building structure, are not permitted in buildings that are occupied by VA resident patients, during construction, jointly by patients or medical personnel, and Contractor's personnel, and would require to be performed on other-than-normal business hours and/or weekends. If none of the VA residents/patients have moved from the “B” side into the “C” side yet at the time of installation or at any time before installation is completed, the installer may install the ceiling lifts during regular business hours Monday through Friday 7am-4:00pm excluding Holidays such as 6/19/25 & 7/4/25 & 9/1/25.

D. The warehouse in Brockton in building 20 is where the supplies will be shipped too initially. Baxter will need to provide a list of the serial numbers of prior to shipping the supplies to the warehouse.

INSTRUCTION AND PERSONNEL TRAINING

Training shall be provided for the required personnel to educate them on proper operation and maintenance for the lift system equipment. Provide at a minimum, four (4) hours of training, along with electronic and hardcopy of Operations & Maintenance materials, training agenda by a manufacturer authorized representative. Coordinate in advance with VA for a date/time/shift convenient for the VA and end-users including all 3 shifts for nurses since this is a 24-hour care inpatient nursing facility aka a Community Living Center (CLC.)

CEILING LIFT WEIGHT & MOTOR TESTING

Conduct performance test, in the presence of the VA Engineering Manager and the Safe Patient Handling Program manager, independent third-party Inspector of Record (IOR), VA Equipment Mechanic, and a manufacturer's field representative, to show that the patient lift system equipment and control devices operate properly and in accordance with design, specification, and code requirements.

INSPECTION

A. Inspection of installed ceiling mounted patient lift systems shall be conducted in accordance with the manufacturer’s installation checklist and the facilities installation checklist (Patient Safety Alert AL14-07) prior to use for patient movement. Contractor to provide the necessary equipment/weights for weight testing. These inspection reports shall be emailed to the Safe Patient Handling & Mobility Program Manager Gregory.meyer2@va.gov within one week of the completion of this project for all 44 ceiling lifts and shall include the serial number for the ceiling lift motor and sling bar.

CONTRACTOR REQUIREMENTS

A.Certification for compliance is required for Ceiling Mounted Patient Lift Systems. Certifications shall be provided by the manufacturer who will conduct testing to ensure that the ceiling lift and charging system are safe and in compliance with ISO 10535 & UL 60601-1
B.Inspection of equipment after installation is required prior to use for patient movement. Inspection shall be in accordance with manufacturer’s installation checklist and the facilities installation checklist (Patient Safety Alert AL14-07).
C.Certification of compliance with VA requirements shall be provided by an independent third party, Inspector of Record (IOR), who will observe installation and manufacturer’s testing to ensure that the ceiling structure, ceiling lift, and charging system is safe and compliance with shop drawings, structural calculations, specifications, ISO 10535 requirements, and code requirements. IOR shall be a registered structural engineer in the state of installation; provide structural engineer qualifications for proof.
D.Do not store materials and equipment in other than assigned areas

E. Contractors and Installers need to ensure that their SAM registration is up to date prior to commencing any work at any of the campuses at VA Boston Healthcare System.

F. They will not be able to use the warehouse as storage facility while they perform this month-long project. The contractor will have to use their own vehicles for storage or rent a storage container that can be put next to building 4 outside in the contractor fenced in area.

E. Safety & Health Plan:

a. Provide a copy of current corporate/company Safety and Health Policy Statement, detailing commitment to providing a safe and healthful workplace for all employees. The Contractor’s written safety program goals, objectives, and accident experience goals for this contract should be provided for this specific project scope.

b. The names of Competent and/or Qualified Person(s) and proof of competency/qualification to meet specific OSHA Competent/Qualified Person(s) requirements must be provided. Provide 10-hour OSHA certificates for all employees.

c. Provide Activity Hazard Analysis, AHAs are also known as Job Hazard Analyses, Job Safety Analyses, and activity Safety Analyses. Before beginning each work activity, the Contractor(s) performing that work activity shall prepare an AHA (Example electronic AHA forms can be found on the US Army Corps of Engineers web site)

d. Infection Control is critical in all medical center facilities. Interior construction activities causing disturbance of existing dust, or creating new dust, must be conducted within ventilation-controlled areas that minimize the flow of airborne particles into patient areas. Contractor is responsible for furnishing and installing all necessary infection control equipment, product and materials. Fire retardant polystyrene 6-mil thickness meeting local fire codes, dust proof/fire-rated barriers, HEPA equipped negative air machines, exhaust hoses, adhesive walk-off mats, hospital approved disinfectant and portable ceiling access modules.

e. The Installers/contractors need to ensure they provide a full list with first and last names of who will be performing work at VA Boston Healthcare system each day as they will be required to get BINAX tested for COVID-19. (if pandemic and masking rules are still in effect of the time of work to begin) They will also be required to always wear a face mask during while inside any of the buildings. Most importantly, all Installers/contractors will have to always have their VA Contractor PIV card on them and will not be allowed in a VA building without one. This goes the same for always wearing a hard hat for this project. Anytime an installer is inside building 4, they must have a hardhat on their head. Please reach out to the SPH&M program manager at least 4 weeks in advance of the beginning of the work if any of the installers or contractors need to apply for VA Contractor PIV card at Gregory.meyer2@va.gov

E. Pre-Construction Risk Assessment

a. Prior to scheduling and/or starting any work, the contractor shall meet with the VA COR, VA Engineering Manager, VA Safety Specialist, VA Infection Control Practitioner, VA GEMS Manager and VA Patient Safety representative to complete a Pre-Construction Risk Assessment for Infection Control, Life Safety, Patient Safety and GEMS determinations.

F. Security Procedures:

a. General Contractor’s employees shall not enter the project site without appropriate PIV badge. They may also be subject to inspection of their personal effects when entering or leaving the project site. Coordinate in advance to receive VA issued PIV badges prior to coming on site.

b. No photography of VA premises is allowed without written permission of the Contracting Officer.

c. VA reserves the right to close or shut down the project site and order General Contractor’s employees off the premises in the event of a national emergency. The General Contractor may return to the site only with the written approval of the Contracting Officer.

d. Parking is restricted to contractor designated parking lots and spots. Coordinate with VA Police.

Any Questions regarding this procurement and or project should be directed to our subject matter expert, requestor & point of contact:

Gregory Meyer, DPT, SPHM Program Manager Gregory.meyer2@va.gov 774-826-3023(O) or 1-617-799-7890 (C)

Alternate SPH&M contact:

Lori Ludovina, LPN, SPH&M Equipment Specialist Lori.Ludovina@va.gov 1-508 -565-9713 (C)

Any Questions regarding the specific engineering details of this job should be directed to our subject matter experts:

Andre Doyon, Project Engineer: Andre.doyon@va.gov Office PH: 1-774-826-1262 Peter Lopes, supervisory engineer: Peter.Lopes@va.gov Office PH: 1-774-826- 1145 Shawn Whitman: Equipment Mechanic: Shawn.whitman@va.gov Office PH: 1-774-826-1844

The contractor shall perform all work under this contract in strict accordance with all Federal, State and local safety codes to eliminate the possibility of damage or injury to patients, personnel and equipment or building structures.

PERIOD OF PERFORMANCE

Vendor is on notice that time is of the essence in the performance of this contract. The timeframe for delivery receipt shall be no later than six (6) weeks following the award of contract, with coordination of specific dates mutually agreed upon by the VA Medical Center Brockton CLC nursing staff and the Manufacturer ceiling lift installer may need to be during more than one mobilization pending how quickly the materials get shipped out to the Brockton VAMC and depending on whether or not Brockton CLC VA patients have begun to move into the bedrooms already or not.

PAYMENT SCHEDULE

The contractor will bill on completion, inspection and acceptance of the work.

NON-PERSONAL SERVICES STATEMENT

Contractor employees performing services under this order will be controlled, directed and always supervised by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the SOW. Contractor employees will perform their duties independent of, and with occasional supervision of VA COR. The tasks, duties, and responsibilities set forth in the SOW may not be interpreted or implemented in any manner that results in any contractor creating or modifying Federal policy, Obligating the appropriate funds for the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating contracting regulations.

Records Management Language for Statement of Work (SOW):

The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. 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 by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

40.00

__________________
__________________

Likorall 250 ES, white (includes Lift Motor w/Quick-Release Connection for Slingbar) Contract Period: Base POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6530 - Hospital Furniture, Equipment, Utensils, and Supplies

MANUFACTURER PART NUMBER (MPN): 3122502NA

40.00

__________________
__________________

HandControl LR S, ES, 2 buttons

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3126050

40.00

__________________
__________________

Carriage (2 pcs) without Brake LR

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3126012

40.00

__________________
__________________

Battery Charger, Likorall 200 US (24V/0.6 A)

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3126133

1.00

__________________
__________________

Quick Reference Guide Laboral 242/243/250, English/Spanish

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3122100ENES

40.00

__________________
__________________

Hook for SlingBar

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3126070

40.00

__________________
__________________

Parking Panel 600, LR/MR

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3126075

40.00

__________________
__________________

Universal SlingBar 450 with Quick-release Hook™

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3156085

40.00

__________________
__________________

Weight Limit Decal - Quantity of 1

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 31590013

6.00

__________________
__________________

Straight Rail H140, 3.4 m (134 in), white

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 31013434V

2.00

__________________
__________________

Traverse Rail Carrier, raised (4") / parallel / wide

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3102556

108.00

__________________
__________________

Pendant, adjustable 500-900 mm (20-35 in), white

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3102032

58.00

__________________
__________________

Pendant Cover Ø 45 mm (1.8 in.)

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3102113

180.00

__________________
__________________

End Cover H140, white

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3101057

132.00

__________________
__________________

End Stop Set

POP Begin: 05-12-2025 POP End: 07-11-2025 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 3101060

GRAND TOTAL
__________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER
SHIPPING INFORMATION
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

40.00
06/23/2025
MARK FOR:
Gregory Meyer

774-826-3023 gregory.meyer2@va.gov

FOB:
DESTINATION
0002
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

40.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0003
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

40.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0004
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

40.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0005
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

1.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0006
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

40.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0007
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

40.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0008
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

40.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0009
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

40.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0010
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

6.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0012
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

2.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0013
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

108.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0014
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

58.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0015
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

180.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION
0016
SHIP TO:
Brockton VA Medical Center

CLC Building Renovation - Phase 1 (C Side) 940 Belmont Street Brockton Brockton, MA 02301 5596

USA

132.00
06/23/2025
MARK FOR:
Gregory Meyer
FOB:
DESTINATION

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.

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