36C24225Q0571 RFQ.docx

36C24225Q0571

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

36C24225Q0571 05-2 -2025 Aleta Jennette 914-737-4400 05-2 -2025 10 A.M.

EDT

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 X X 326199 750 Employees N/A X See Delivery Schedule

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/ veterans affairs

See CONTINUATION Page This RFQ is for brand name or equal Mannington Main LVT Vinyl Tiles for James J. Peters VAMC.

The Government is anticipating awarding one firm-fixed-priced Requirements Contract for a single five (5) year ordering period with five (5), one-year pricing periods.

**See section B.2 Statement of Work and B.3 Price/Cost schedule for Technical Requirements. * Review the tailored Instructions to Offerors (FAR provision FAR 52.212-1 addendum carefully).

Specification equals must meet minimum technical requirements to be considered. * See CONTINUATION Page x X Aleta Jennette, CO 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 36C242 Aleta.Jennette@va.gov Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

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.

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

B.2 STATEMENT OF WORK

1. Title: Procurement and Delivery of LVT Flooring at James J. Peters VA Medical Center, Bronx, New York.

2. Objective:

James J. Peters VA Medical Center, located at 130 W Kingsbridge Road Bronx, NY 10468 is seeking a fixed firm price Requirements contract to supply and deliver brand name Mannington on Main LVT flooring or equal per specified requirements as outlined in the Statement of Work (SOW).

Period of Performance-Single award 5-year Requirements contract with a single five-year ordering period, with five (5) annual pricing periods.

Pricing Period 1: July 01, 2025 – June 30, 2026 Pricing Period 2: July 01, 2026 – June 30, 2027 Pricing Period 3: July 01, 2027 – June 30, 2028 Pricing Period 4: July 01, 2028 – June 30, 2029 Pricing Period 5: July 01, 2029 – June 30, 2030

3. Scope:

The vendor shall be responsible for the following:

a. Procuring Mannington on Main LVT flooring or equivalent in accordance with the specified requirements.

b. Ensuring that the flooring meets all manufacturer and medical center specifications, as outlined below:

· Type: Luxury Vinyl Plank (Non-ortho Phthalate)

· Manufacturer: Mannington on Main or equivalent

· Style: Mannington on Main City Line or equivalent

· Classification: ASTM F1700 Class III, Type B

· Total Thickness: 0.098” (2.5 mm)

· Wear Layer Thickness: 20 mil (0.51 mm)

· Wear Layer: Scratch Resist® Pro with Microban ® Antimicrobial Protection

· Edge Treatment: Micro -bevel

· Sizes: 48”x 7.25” (184 x 1219 mm)

· Colors: (Mannington or equivalent)

· Oak Grove Acorn (MCL108)

· Highland Maple Dusk (MCL113)

· Woodland Cherry Fireside (MCL102)

· New Towne Cherry Blossom (MCL100)

· Norwegian Oak Drift (MCL107)

· Adhesive: Mannington Commercial V88 Adhesive or equivalent

c. The following quantities of boxes of each color will be needed:

· Oak Grove Acorn (MCL108) – 220 boxes

· Highland Maple Dusk (MCL113) – 220 boxes

· Woodland Cherry Fireside (MCL102) – 20 boxes

· New Towne Cherry Blossom (MCL100) – 100 boxes

· Norwegian Oak Drift (MCL107) – 120 boxes

· Mannington or equivalent Commercial V88 Adhesive – 30 Five-Gallon Buckets

d. Ensuring a submittal package is provided, including product specifications and documentation confirming that the material meets the requirements outlined in this document.

e. Coordinating with the James J. Peters VA Medical Center for delivery schedules and ensuring materials are delivered to the designated address:

f. Providing all necessary documentation, including packing slips, invoices, and certifications of compliances for the flooring materials.

g. Delivering the materials within the agreed timeframe to avoid project delays.

4. Reports and Acceptance:

a. The vendor shall provide a delivery report upon completion of each delivery. This report should include the quantities delivered, batch numbers, and any variances from the original order.

b. Acceptance of the materials will be based on COR’S approval.

5. Schedule:

a. The vendor shall make deliveries every 90 days, occurring within the first 2 weeks of award, and then every 90 days after that. Total quantities of each color shall be delivered in 4 equal shipments across the entire contract. All deliveries shall be coordinated with COR minimum 5 business days in advance. Contractor shall submit proposed delivery schedule upon award of contract.

Sample Delivery Schedule:

Contract Award Date: July 1, 2025 First Delivery: July 19, 2025 Second Delivery: October 3, 2025 Third Delivery: January 3, 2026 Fourth Delivery: April 30, 2026

b. Deliveries shall be during normal business hours, which are 8 am to 4 pm, Monday through Friday.

c. Deliveries must not occur during federal holidays. Holidays observed by the federal government are annotated below:

- New Year’s Day

- Martin Luther King’s Birthday

- President’s Day

- Memorial Day

- Juneteenth

- Independence Day

- Labor Day

- Columbus Day

- Veterans Day

- Thanksgiving Day

- Christmas Day

B.3 PRICE/COST SCHEDULE

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Oak Grove Acorn Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): MCL108

LOCAL STOCK NUMBER: MCL108

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Highland Maple Dusk

POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): MCL113

LOCAL STOCK NUMBER: MCL113

Luxury Vinyl Tile (LVT); 48 X 7.25" (184 x 1219mm)-Woodland Cherry Fireside

POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): MCL102

LOCAL STOCK NUMBER: MCL102

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-New Towne Cherry Blossom

POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): MCL100

LOCAL STOCK NUMBER: MCL100

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-Norwegian Oak

POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

MANUFACTURER PART NUMBER (MPN): MCL107

LOCAL STOCK NUMBER: MCL107

Commercial V88 Adhesive

POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings MANUFACTURER PART NUMBER (MPN): None LOCAL STOCK NUMBER: None

Delivery Fee

POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Oak Grove Acorn

POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Highland Maple Dusk

POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48 X 7.25" (184 x 1219mm)-Woodland Cherry Fireside

POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-New Towne Cherry Blossom

POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-Norwegian Oak

POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Commercial V88 Adhesive

POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Delivery Fee

POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Oak Grove Acorn

POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Highland Maple Dusk

POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48 X 7.25" (184 x 1219mm)-Woodland Cherry Fireside

POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-New Towne Cherry Blossom

POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-Norwegian Oak

POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Commercial V88 Adhesive

POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Delivery Fee

POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Oak Grove Acorn

POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Highland Maple Dusk

POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48 X 7.25" (184 x 1219mm)-Woodland Cherry Fireside

POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-New Towne Cherry Blossom

POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-Norwegian Oak

POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Commercial V88 Adhesive

POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Delivery Fee

POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Oak Grove Acorn

POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)- Highland Maple Dusk

POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48 X 7.25" (184 x 1219mm)-Woodland Cherry Fireside

POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-New Towne Cherry Blossom

POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Luxury Vinyl Tile (LVT); 48" X 7.25" (184 x 1219 mm)-Norwegian Oak

POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Commercial V88 Adhesive

POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

Delivery Fee

POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 326199 - All Other Plastics Product Manufacturing PRODUCT/SERVICE CODE: 7220 - Floor Coverings

GRAND TOTAL

B.4 DELIVERY SCHEDULE

James J. Peters VAMC 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

914-737-4400 Aleta.Jennette@va.gov

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VAMC 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VAMC 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VAMC 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VAMC 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468 3904 United States

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor.

(ii) Invoice date and number.

(iii) Contract number, line-item number and, if applicable, the order number.

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered.

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading.

(vi) Terms of any discount for prompt payment offered.

(vii) Name and address of official to whom payment is to be sent.

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment. —

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment).

(B) Affected contract number and delivery order number, if applicable.

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days.

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor.

(B) The date of issuance of a government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from July 1, 2025, through June 30, 2030.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $25,000.00.

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 14 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 06/30/2030.

(End of Clause)

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

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

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

(End of Clause) C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled 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 service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition).

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran.

(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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified 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, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C.