36C24225Q0872.docx
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- Solicitation number
- 36C24225Q0872
About this file
This document is a Request for Quote (RFQ) for dental equipment and furniture for the Department of Veterans Affairs Veterans Integrated Service Network (VISN) 2, specifically targeting dental suites at Buffalo VAMC, Batavia VAMC, and East Orange VAMC. The solicitation is a brand name or equal requirement set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB), seeking to replace existing dental equipment with A-Dec brand or equivalent dental chairs, delivery systems, instrumentation, lighting, and associated equipment.
The procurement covers 28 total dental operatory suites (11 at Buffalo, 3 at Batavia, and 14 at East Orange), with detailed technical specifications including patient chair requirements such as 500 lb weight capacity, integrated power supply, adjustable height, and compatibility with specific dental handpieces and equipment. The equipment must include patient chairs, operator and assistant stools, delivery systems, vacuum instrumentation, dental lights, and casework. Installation is required with two-room phased implementation to minimize clinic disruption, and the solicitation includes provisions for de-installation of existing equipment. The contract will include a 5-year manufacturer warranty and technical support services.
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36C24225Q0872
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
36C24225Q0872 Corey Swinton 838-433-7507 08-06-2025 12pm
EDT
Department of Veterans Affairs Samuel S. Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany
NY
12208-3410 X X 339114 750 Employees N/A X Department of Veterans Affairs East Orange VAMC BUFFALO and BATAVIA VAMC Addresses in SOW
Department of Veterans Affairs Samuel S. Stratton VA Medical Center Network Contracting Activity 113 Holland Avenue (2-90NCA) Albany
NY
12208-3410
Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/
See CONTINUATION Page Please submit all quotes to Corey.Swinton@va.gov This RFQ replaces RFQ 36C24225Q0277 Please pay close attention to the new SOW's that have been added This is a Brand Name or Equal Requirement The VA may consider multiple awards for this requirement The Sole Source document from RFQ 36C24225Q0277 has been removed from this requirement Please fill out this document in it's entirety See CONTINUATION Page X X Corey Swinton Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 STATEMENT OF WORK | 5 |
| B.3 PRICE/COST SCHEDULE | 17 |
| ITEM INFORMATION | 17 |
| B.4 DELIVERY SCHEDULE | 24 |
| SECTION C - CONTRACT CLAUSES | 26 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 26 |
| C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 32 |
| C.3 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION) | 35 |
| C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 37 |
| C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 38 |
| C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018) | 38 |
| C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 39 |
| C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 39 |
| C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025) | 39 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 48 |
| SECTION E - SOLICITATION PROVISIONS | 49 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 49 |
| E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 53 |
| E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) | 53 |
| E.4 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023) | 71 |
| E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 72 |
| E.6 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 74 |
| E.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 76 |
| E.8 52.233-2 SERVICE OF PROTEST (SEP 2006) | 77 |
| E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 78 |
| E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 78 |
| E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025) | 79 |
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 Corey Swinton
Department of Veterans Affairs Samuel S. Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410
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] 30 Days after installation and completion of requirements |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF WORK
Page 1 of Page 1 of Buffalo/Batavia Statement of Work Dental Equipment and Furniture for Veterans Integrated Service Network (VISN 2) Buffalo, Batavia
A. GENERAL INFORMATION
The general scope of this procurement is to purchase Brand Name Only dental equipment and furniture for the Veterans Integrated Service Network (VISN 2) dental suites at the Buffalo VAMC, Batavia VAMC and East Orange VAMC Dental Clinics. Items need to be installed and current equipment needs to be removed and disposed of.
SCOPE: The Veterans Integrated Service Network (VISN 2) needs dental equipment and furniture to perform dental procedures in room 28 suites consisting of 11 each at the Buffalo VAMC, 3 each at the Batavia VAMC, and 14 each at the East Orange VAMC. The performance of dental procedures requires a patient chair, operator and assistant stools, a delivery system, vacuum instrumentation, a dental light, and casework (aka dental furniture) to store necessary materials, supplies, instruments, and small equipment.
Basis of Design Equipment, model, identification and quantities are listed below:
· Patient chair.
· Operator stool.
· Assistant stool.
· Traditional delivery system.
· Vacuum instrumentation.
· Dental furniture, side support console for supplies, instruments, and small equipment.
· Dental furniture, wall hung dispensing and storage cabinet for supplies, instruments, and small equipment.
· Dental furniture, tall storage console for bulk supplies, and small equipment.
· Mobile storage cart(s) for small instruments, and supplies.
Common Nomenclature: Dental Equipment, Dental Furniture, Casework, Cabinet.
Principles of operation: Dental equipment and furniture allows a dental team to perform treatment on patients efficiently and in a comfortable environment.
Original equipment manufacturer model/part numbers: 511b, 77.1019.00, 521, 522, 532, 551, 577L, and 5744.
Other pertinent information that describes the item, material or service required: The system must include the following components/features/options for acceptance:
1. Patient chair must be UL rated to 500LB. (227 kg) maximum patient load.
2. Patient chair must have accumulators in the hydraulic lift system to provide a soft chair start and stop. Lift cylinders are guaranteed for ten years.
3. Patient chair must offer vacuum-formed seamless upholstery that is constructed of 40 ounces per yard/67-gauge superior grade vinyl. Material must meet flammability specifications for: California Flammability Regulation 117-2013.
4. Patient chair headrest must offer a standard dual articulating with gliding cushion and quick release adjustment lever.
5. Patient chair must offer an integrated 300-Watt power supply provides electrical requirements for chair-mounted dental light and ancillary products.
6. Patient chair must have a seat height range less than 14” off the ground to greater than 30” off the ground for ergonomic reasons. This is necessary to accommodate several very short providers.
7. Patient chair must be compatible and allow connection to the following equipment:
i Kavo Gentlepower LUX 25 LPR ii Kavo Gentlepower LUX 20 LP iii Kavo Gentlepower LUX 10 LP iv Kavo Gentlepower LUX 29 LP v Kavo Mira LUX 635 BR vi Kavo Soniflex LUX 2000LK vii Cavitron 30K Steri-Lite viii Anthogyr Micro NiTi ix Acteon Newtron Satelec
8. Patient chair shall not require dedicated connections for water supply or drainage.
9. Patient chairs shall be fully functional using only compressed air, vacuum, and electricity.
10. Operator stool must utilize a dynamic seat armature with three layers of flexible seating: cushion foam, comfort-flex armature, and flex frame. The seat mechanism must provide 8 degrees of forward tilt in the thigh zone.
11. Operator and assistant stools must utilize a base designed with five casters that provide movement on both carpet and hard flooring surfaces. The base material of the stool must be Akulon (a robust and durable material). Stools must be rated for 350-pound user weight.
12. Assistant stool must have a seat height range of 23.1" to 28.7" (578 mm-729 mm).
13. Dental delivery system must have an integrated four position handpiece control block capable of operating up to four active handpiece positions and constructed of plated lead-free brass (per section 14.17 of the Safe Drinking Water Act). Each handpiece position must have an individual drive air and water adjustment, removable water cartridge valves that allow for quick and easy servicing of block, and a single sliding locking tab that secures the handpiece tubing to the control block (requiring no tools and allows easy access to connect or disconnect tubing). The delivery system must have a water-flow system that eliminates dead ends which can harbor stagnant water.
14. Dental delivery system must be designed with a positive positioning system allowing doctors to easily position the delivery where necessary and stay in place.
15. Dental delivery system must use a 2.0 liter, quick-connect water bottle designed with an interior pickup tube that reduces the chance of cross-contamination.
16. Dental light design must allow for a three axis barycentric positioning capability. Full 540 degrees of horizontal rotation. The dental light must rotate 500-600°, the optics head must rotate 105° ±5 total (0° up 105° down), the optics head must rotate 80° ±5° (±40° from vertical).
17. Dental light must have a cure-safe composite setting (25000lux(2323fc)/yellow light):
this is a yellow light providing ample illumination in the oral cavity without the premature curing of photo-initiated dental materials.
18. Dental light thermal energy output must meet the following: 24 BTU/hr. nominal at High intensity. No radiant heat. No bulb replacement. 15-Watt power consumption.
19. Dental light shall be retrofit into the existing light track.
i No additional structural modifications are permitted.
ii No above-the-ceiling work is permitted
20. Dental furniture material, (shell and related component parts) must be 5/8" or 3/4” thick, 45# industrial grade particleboard. Curved end panels must be made of medium density fiberboard.
21. Dental furniture material must consist of 100% post-industrial recycled/recovered fiber. All particleboard and plywood must be CARB compliant. (Title 17, California Code of Regulation 93120). Cabinet columns must be constructed of e-coated 12-gauge cold rolled steel for strength and rigidity.
22. Dental furniture subbase structure must be made from 10-gauge roll-formed steel with 16-gauge cold-rolled steel powder coated covers that are attached by rare earth neodymium magnets.
23. Installation of new dental chairs, delivery systems, assistant instrumentation, dental treatment lights, cabinets, and stools.
24. Equipment must be compatible with existing utility lines such that they can be installed into the current dental operatories without structural modification.
i Compressed air, vacuum, and electric are available.
ii Additional invasive work, whether structural, electrical, or utilities based is not permitted.
25. Installation shall be completed in two room phases to ensure the clinic can continue to operate.
i This shall include multiple instances of travel and installation at dates decided between the vendor and the facility.
26. De-installation. Service includes, but not limited to, the disconnection and removal of the current dental chairs, delivery systems, assistant instrumentation, dental treatment lights, cabinets, and stools from the customer location.
B. OTHER UNIQUE REQUIREMENTS:
1. Live technical support available between 8 am – 5 pm eastern standard time (U.S.), Monday-Friday.
2. 95% of service parts available to be shipped within 24 hours.
Warranty: Standard 5-year manufacturer warranty.
Products (including accessories, components, and replacement parts) not manufactured by vendor must be covered by the original manufacturer's warranty, if any, and are not covered by this Limited Warranty. Examples include, but are not limited to, sterilizers, maintenance equipment, cameras, curing lights, ultrasonics, control modules, electric motors, attachments, handpieces, and turbines, etc.
Service and/or Maintenance: Provided through manufacturer technical support available 8 am – 5 pm eastern standard time (U.S.) Monday through Friday. Local authorized dealer service technicians must be available, and factory trained. Free technical training must be offered to all government bio-medical service technicians at manufacturers’ facilities. Technical training must be offered at various times throughout the year. It is accepted that class sizes will be limited, and registration for training courses will be on a first come first serve basis.
Place of Performance: Deliver and Install
Buffalo VA Medical Center 3495 Bailey Avenue Buffalo, NY 14215.
Batavia VA Medical Center 222 Richmond Avenue Building 10 Batavia, NY 14020
C. Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI) N/A D. SECURITY: Manufacturer must be an authorized GSA vendor.
STATEMENT OF WORK EAST ORANGE
The VHA NJ Healthcare System has a requirement to purchase from an authorized vendor. The vendor will supply and deliver items identified below in Table 1 to properly fit Dental treatment rooms within East Orange Dental Service. See salient characteristics below. This is a Name Brand or Equal Requirement. This is to replace old, unrepairable equipment/furniture at the Dental Clinic Operatory Furniture at the East Orange Campus. A-Dec is the basis of design.
A. GENERAL INFORMATION:
1. Title of Project: A-DEC Replacement Dental Clinic Operatory Furniture- East Orange Campus. Brand Name or Equal Requirement
2. Scope of Work A-DEC Replacement Dental Clinic Operatory equipment/furniture East Orange Campus Dental clinic. East Orange Dental Clinic has old, unrepairable Dental Units causing frequent interruptions and delays with patient treatment. Facility cannot operate all operatories because of the malfunctioning equipment and this is creating access issues and delays in care.
Items requested
| Line |
| Item #/Item description |
| Qty |
| 1 |
| 511 - A-dec 511 Chair |
| 14 |
| 2 |
| 532-A-dec 532 TRAD Delivery System |
| 1 |
| 3 |
| 54.0837.00 Electric LS Endo S81, 8:1’ Smart Matic |
| 1 |
| 4 |
| 532 – A-dec 532 TRAD Delivery System |
| 3 |
| 5 |
| 532-ADEC 532 TRAD Delivery System |
| 10 |
| 6 |
| 551-A-dec 551 ASST Instrumentation |
| 14 |
| 7 |
| 461-A-dec Support System |
| 14 |
| 8 |
| 572L-Adec 572L LED Dental Light, Radius Mt |
| 14 |
| 9 |
| 521-A-dec 521 Doctors Stool |
| 14 |
| 10 |
| 522 - A-dec Asst. Stool |
| 14 |
| 11 |
| Oregon Cart |
| 14 |
| 12 |
| BLANKETWRAP- Blanket Wrap Service |
| 1 |
| 13 |
| Installation Charges for Install Labor |
| 1 |
Additional Information
The vendor will provide service manuals that include theory of operation, maintenance requirements, schematics, parts list and troubleshooting information in electronic format for use by VA HTM Department. Any cost associated to the below must be included in your pricing of required items.
· User training(Dentist & Assistant)
· Maintenance Training & Technical Support for Biomed Dept.
· Warranty to include who will pay for transportation of Service Technicians if needed
Item #1 Basis of Design is A-Dec MFG Item #511
All items are Brand Name or Equal Requirement
Description: Dental operating chair designed for the treatment and comfort of dental patients. The chair shall be capable of multiple positions, shall swivel, an adjustable headrest and arm rests that pivot out of the entry/exit.
Salient Characteristics:
*Double articulating head rest *Hydraulic lift system *300-watt power supply *Height range of at least 13.5in to 31.5in *60-degree chair swivel with brake *Multi position armrests *Cut-away, cast iron baseplate *Must have automatic chair stop sensors *Maximum patient load of at least 500lbs *Compatible with Star Handpiece
Basis of Design A-Dec MFG. Item #532
Brand Name or Equal Requirement Item #2 The A-dec 532 – the Doctor’s touch pad allows positive positioning. The handle allows the Dentist to precisely situate the delivery system where you want it, and count on it to stay.
One-handed adjustments. Effortlessly position the delivery system with one hand Ambidextrous delivery. Go from left- to right-handed delivery in seconds. The centrally located handle and screen are reachable and visible from either side.
LED coolant indicator. Lights up when a handpiece is lifted, ability to adjust without second guessing.
Item #3 Endo attachment for KAVO motor to perform chairside Endodontic procedures eliminating the need for an external unit and cord.
· Electric LS, Endo, S81,8:1,Smart Matic
· Position 2 Kavo Electric Motor
Item #4 Delivery system with integrated Cavitron The A-dec 532 – the Doctor’s touch pad allows positive positioning. The handle allows the Dentist to precisely situate the delivery system where you want it and count on it to stay.
One-handed adjustments. Effortlessly position the delivery system with one hand Ambidextrous delivery. Go from left- to right-handed delivery in seconds. The centrally located handle and screen are reachable and visible from either side.
LED coolant indicator. Lights up when a handpiece is lifted, ability to adjust without second guessing.
Cavitron Steri-Mate 30K for Periodontist and Hygienist to perform routine periodontal maintenance. Eliminating the need for an external unit.
Item #5 Delivery system without a KAVO or Cavitron attachment The A-dec 532 – the Doctor’s touch pad allows positive positioning. The handle allows the Dentist to precisely situate the delivery system where you want it, and count on it to stay.
One-handed adjustments. Effortlessly position the delivery system with one hand Ambidextrous delivery. Go from left- to right-handed delivery in seconds. The centrally located handle and screen are reachable and visible from either side.
LED coolant indicator. Lights up when a handpiece is lifted, ability to adjust without second guessing.
An extension hose needs to be provided from base to junction box for plumbing and electrical.
Compatible with the following Star Dental Handpieces and Motors:
· 430SWL High Speed Handpiece Standard w/Fiber Optic-Part# 264450
· 430SWL High Speed Handpiece 45 Degree Angle w/Fiber Optic-Part# 265821
· Titan 3 Low Speed Motor 20000rpm -Part#’s 262262 or 262410
· Titan 3 Low Speed Motor 5000rpm-Part#262409
· Star Bright Plug & Play High Speed Handpiece Coupler 6 Pin LED
· HiFlo Swivel Connectors-Part #263758
· Straight Nose Cone Motor-Angle Adapter Torque Multiplier (Titan Straight Nose Cone & Contra Angle)-Part#258443
Item #6 The A-dec 551 is Flexible positioning: Get optimal instrument placement for 2- and 4-handed dentistry. Pivoting holders allow the assistant to independently position the syringe, HVE instruments, and other devices where they're the most comfortable and accessible. Exceptional range of motion: Both the short- and long-arm A-dec 500 assistant's instrumentation offer nearly unlimited positioning on either side of the chair.
Item #7 461-A-dec 461 Support System
· Model 461 Support System
· Base Color White
· Chair 511 Dental Chair
· Cuspidor
· Packaging Blanket Wrap with Pallet Item #8 572L -A-dec 572L LED Dental Light, Radius MT
· Mounting Style Dual Mount 500B Delivery System
· Chair Style 511B Dental Chair
· Base Color White
· Packaging Blanket Wrap with Pallet
Item #9 & 10 Basis of Design is A-dec MFG Item#521 Brand Name or Equal Requirement Description: Used by the Dentist to care for and treatment of patients. This chair has a gas cylinder to adjust the height of the chair. It also has backrest as an integral part of the unit. The unit needs to be equipped with casters. Various color combinations of vinyl or fabric are available.
Salient Characteristics:
*Contoured backrest with push button or lever height control and adjustable backrest tilt *Four Points of Adjustability: Seat tilt (multiple degrees of forward and backwards tilt), seat height, backrest tilt and backrest height *Labeled adjustment paddle for identification *Gas cylinder with a minimal height adjustment of 19.6in to 24.1in *Powder coat finish *5 caster base, casters for tile and carpet use *Minimum capacity of 350 lbs. to maximum 500lbs.
The A-dec 521 Doctor’s Stool
The A-dec 522 A-dec Asst. Stool:
· Backrest no Backrest
· Foot Support Foot Ring
· Base Color White
· Caster Type Tile
· Upholstery Type Sewn
· Upholstery Color to Follow
· Packaging Blanket Wrap with Pallet
Item #11 396-Mobile Cart
· 396 Model 396- Mobile Cart
· 0301 Storage Cart
· Countertop Material Solid Surface
· Countertop Color Solid Surface Color to Follow
· Lower Laminate Color Laminate Color to Follow
Item #12 & 13 & 14 Miscellaneous
· Blanket Wrap-to protect chairs when shipping to facility
· Installation-chairs need to be installed into area where they are going
· De-Installation of old unit
3. Background: A-DEC Replacement equipment/furniture-East Orange Campus. A-dec is a Dental office furniture and equipment manufacturer based in Newberg, Oregon, United States. It is considered one of the largest dental equipment makers in the world, and as of 2002 is Newberg's largest employer with 832 employees. Founded in 1964, the company's annual revenue of $250 million comes from the sale of products such as dental chairs, stools, delivery systems, medical lighting, cabinetry, and other accessories.
3. Performance Period: 30 to 60 days after receipt of order
4. Type of contract-Fixed price
5. Delivery location: VANJ Healthcare System-East Orange 385 Tremont Avenue Receiving Office-Bldg. 1 Hours 8-00am to 3:30pm East Orange, NJ 07018 Mark for: Dental Service
| VA Handbook 6500.6, Contract Security | |
| APPENDIX D |
Page 1 of D-
5. ACKNOWLEDGEMENT AND ACCEPTANCE
I acknowledge receipt of this User Agreement. I understand and accept all the terms and conditions of this User Agreement, and I will comply with the terms and conditions of this agreement and any additional VA warning banners, directives, handbooks, notices, or directions regarding access to or use of information systems or information. The terms and conditions of this document do not supersede the terms and conditions of the signatory’s employer and VA.
Print or type your full name Signature
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 14.00 |
| EA |
| __________________ |
| __________________ |
511-A-DEC 511 CHAIR Patient chair. V0313.0015 PriceBook 2024 (4/8/24 thru Present) 511 Model 511 Patient Chair V0412.0001 Quick Ship Not Eligible V0452.0002 Product Version B V0592.0002 300 Pro / 500 Pro Compatible Yes V0074.0002 Voltage 120 Volts V0009.0002 Base Color White V0195.0264 Foundation Price 511 B Chair $7,770.59 V0075.0014 Upholstery Color Type Formed/Seamless $1,047.67 V0073.0004 Upholstery Style 511 F02 Style V0072.9998 Upholstery Color To Follow V0040.0001 Contoured Floor Box $268.30 V0037.0002 Duplex and QDs $457.40 V0327.0010 Packaging Blanket Wrap With Pallet
LOCAL STOCK NUMBER: 511
| 1.00 |
| EA |
| __________________ |
| __________________ |
532-A-DEC 532 TRIAD DELIVERY SYSTEM Delivery system with integrated Kavo motor V0313.0015 PriceBook 2024 (4/8/24 thru Present) 532 Model 532 Radius Traditional Delivery System V0412.0001 Quick Ship Not Eligible V0452.0002 Product Version B V0009.0002 Base Color White V0195.0266 Foundation Price 532B Radius Mount with Deluxe Plus Touchpad $7,040.05 V0070.0016 Tray Holder Standard Side Mount $235.78 V0573.0001 Stainless Steel Tray One Standard Tray $23.07 V0041.0008 Foot Control Disc (with chip blower/accessory button) V0071.0010 Umbilical 10' With Duplex Cable $405.45 V0327.0010 Packaging Blanket Wrap With Pallet V0128.0001 Handing Right V0036.0010 Doctor's Touchpad Deluxe Plus Touchpad V0330.0002 Handpiece Tubing Style Silicone Handpiece Tubing V0267.0005 Position 1 Autoclavable QD Syringe V0267.0102 Position 2 KaVo Electric Motor $1,073.82 V0267.0002 Position 3 4-Hole Tubing $71.76 V0267.0001 Position 4 6-Pin Tubing $107.64 V0267.0001 Position 5 6-Pin Tubing $107.64 V0267.0003 Position 6 No Tubing V0053.0009 Electric Motor Control Module EMC-703 $1,181.46 V0504.0001 USB Hub None V0598.9999 Preventative Maintenance No Kit
LOCAL STOCK NUMBER: 532
| 1.00 |
| EA |
| __________________ |
| __________________ |
54.0837.00-Electric LS,Endo,S81.8:1,Smart Matic One endo attachment for Kavo motor
LOCAL STOCK NUMBER: 54.0837.00
| 3.00 |
| EA |
| __________________ |
| __________________ |
532-A-DEC 532 TRIAD DELIVERY SYSTEM Delivery system with integrated Cavitron V0313.0015 PriceBook 2024 (4/8/24 thru Present) 532 Model 532 Radius Traditional Delivery System V0412.0001 Quick Ship Not Eligible V0452.0002 Product Version B V0009.0002 Base Color White V0195.0266 Foundation Price 532B Radius Mount with Deluxe Plus Touchpad $7,773.16 V0070.0016 Tray Holder Standard Side Mount $268.30 V0573.0001 Stainless Steel Tray One Standard Tray $23.07 V0041.0008 Foot Control Disc (with chip blower/accessory button) V0071.0010 Umbilical 10' With Duplex Cable $405.45 V0327.0010 Packaging Blanket Wrap With Pallet V0128.0001 Handing Right V0036.0010 Doctor's Touchpad Deluxe Plus Touchpad V0330.0002 Handpiece Tubing Style Silicone Handpiece Tubing V0267.0005 Position 1 Autoclavable QD Syringe V0267.0106 Position 2 Cavitron Steri-Mate 360 Ultrasonic $1,861.34 V0267.0002 Position 3 4-Hole Tubing $81.77 V0267.0001 Position 4 6-Pin Tubing $122.65 V0267.0001 Position 5 6-Pin Tubing $122.65 V0267.0003 Position 6 No tubing V0504.0002 USB Hub None V0598.9999 Preventative Maintenance No Kit
| 10.00 |
| EA |
| __________________ |
| __________________ |
532-A-DEC 532 TRIAD DELIVERY SYSTEM Delivery system with no Kavo or Cavitron V0313.0015 PriceBook 2024 (4/8/24 thru Present) 532 Model 532 Radius Traditional Delivery System V0412.0001 Quick Ship Not Eligible V0452.0002 Product Version B V0009.0002 Base Color White V0195.0266 Foundation Price 532B Radius Mount with Deluxe Plus Touchpad $7,773.16 V0070.0016 Tray Holder Standard Side Mount $268.30 V0573.0001 Stainless Steel Tray One Standard Tray $23.07 V0041.0008 Foot Control Disc (with chip blower/accessory button) V0071.0010 Umbilical 10' With Duplex Cable $405.45 V0327.0010 Packaging Blanket Wrap With Pallet V0128.0001 Handing Right V0036.0010 Doctor's Touchpad Deluxe Plus Touchpad V0330.0002 Handpiece Tubing Style Silicone Handpiece Tubing V0267.0005 Position 1 Autoclavable QD Syringe V0267.0002 Position 2 4-Hole Tubing $81.77 V0267.0002 Position 3 4-Hole Tubing $81.77 V0267.0001 Position 4 6-Pin Tubing $122.65 V0267.0001 Position 5 6-Pin Tubing $122.65 V0267.0003 Position 6 No Tubing V0504.0002 USB Hub None V0598.9999 Preventative Maintenance No Kit
| 14.00 |
| EA |
| __________________ |
| __________________ |
551-A-DEC 551 ASST INSTRUMENTATION V0313.0015 PriceBook 2024 (4/8/24 thru Present) 551 Model 551 Assistant's Instrumentation V0412.0001 Quick Ship Not Eligible V0009.0002 Base Color White V0195.0146 Foundation Price 551 Assistant's Instrumentation $1,211.21 V0055.0036 Mounting Style A-dec 511 Chair V0038.0002 Support Center Style 461 Support Center V0030.0001 Arm Length Short Arm V0327.0010 Packaging Blanket Wrap With Pallet V0105.0005 Autoclavable QD Syringe V0004.0023 No Curing Light V0462.0002 Assistant's Curing Light Holder None V0403.0001 Dual Turret $31.69 V0200.0005 HVE Standard 11mm HVE V0087.0007 Additional HVE 11mm HVE $112.76 V0500.0004 Vacuum Tubing Style Easy Flex Tubing
LOCAL STOCK NUMBER: 551
| 14.00 |
| EA |
| __________________ |
| __________________ |
461-A-DEC 461 SUPPORT SYSTEM V0313.0015 PriceBook 2024 (4/8/24 thru Present) V0412.0001 Quick Ship Not Eligible 461 Model 461 Support System V0009.0002 Base Color White V0096.0013 Chair Style 511 Dental Chair V0111.0011 Cuspidor Cuspidor $963.90 V0195.0089 Foundation Price 461 Support System $1,203.60 V0327.0010 Packaging Blanket Wrap With Pallet
LOCAL STOCK NUMBER: 461
| 14.00 |
| EA |
| __________________ |
| __________________ |
572L-A-DEC 572L LED DENTAL LIGHT,RADIUS MT V0313.0015 PriceBook 2024 (4/8/24 thru Present) 572L Model 572L LED Dental Lt, Radius Mt V0009.0002 Base Color White V0412.0001 Quick Ship Not Eligible V0055.0056 Mounting Style Dual Mount - 500 Delivery System V0096.0026 Chair Style 511B Dental Chair V0195.0186 Foundation Price 572 LED Light, Radius Mount $2,946.23 V0327.0010 Packaging Blanket Wrap With Pallet
LOCAL STOCK NUMBER: 572L
| 14.00 |
| EA |
| __________________ |
| __________________ |
521-A-DEC 521 DOCTOR'S STOOL V0313.0015 PriceBook 2024 (4/8/24 thru Present) 521 Model 521 Doctor's Stool V0195.0246 Foundation Price 521 Doctors Stool $909.68 V0009.0002 Base Color White V0032.0003 Cylinder Type Tall V0012.0002 Caster Type Tile V0083.0005 Armrest Options No Armrests V0075.0009 Upholstery Color Type Sewn V0072.9998 Upholstery Color To Follow V0327.0010 Packaging Blanket Wrap With Pallet
LOCAL STOCK NUMBER: 521
| 14.00 |
| EA |
| __________________ |
| __________________ |
522-A-DEC 522 ASST STOOL V0313.0015 PriceBook 2024 (4/8/24 thru Present) 522 Model 522 Assistant's Stool V0195.0247 Foundation Price 522 Assistant's Stool $1,004.22 V0009.0002 Base Color White V0475.0002 FootSupport Foot Ring V0474.0002 Backrest No Backrest V0012.0002 Caster Type Tile V0075.0009 Upholstery Color Type Sewn V0072.9998 Upholstery Color To Follow V0327.0010 Packaging Blanket Wrap With Pallet
LOCAL STOCK NUMBER: 522
| 14.00 |
| EA |
| __________________ |
| __________________ |
396 MOBILE CART V0313.0015 PriceBook 2024 (4/8/24 thru Present) 396 Model 396- Mobile Cart V0589.0301 Storage Cart V0521.0002 Countertop Material Solid Surface V0542.0143 Countertop Color Solid Surface Color To Follow V0543.0144 Lower Laminate Color Laminate Color To Follow V0551.0309 Package Price 396 Storage Cart, Solid Surface $1,642.20
LOCAL STOCK NUMBER: 396
| 1.00 |
| EA |
| __________________ |
| __________________ |
BLANKETWRAP-BLANKET WRAP SERVICE
LOCAL STOCK NUMBER: BLANKETWRAP
| 1.00 |
| EA |
| __________________ |
| __________________ |
INSTALLATION-CHARGES FOR INSTALL LABOR
LOCAL STOCK NUMBER: INSTALLATION
| 1.00 |
| EA |
| __________________ |
| __________________ |
DE-INSTALLATION-CHARGES FOR DE-INSTALLATION Service Includes: Disconnection and removal of the replaced dental chairs, delivery systems, assistant's instrumentation, dental treatment lights and stools from the customer location. Fee will be waived if A-dec is granted permission to retain possession of the de-installed equipment
LOCAL STOCK NUMBER: DE-INSTALLATION
| 11.00 |
| EA |
| __________________ |
| __________________ |
NX EQUIPMENT SEPG 427039 EER 242785 EIL 100BU DENTAL 511-A-dec 511 Chair Buffalo
| 1.00 |
| EA |
| __________________ |
| __________________ |
DE-INSTALLATION CHARGES FOR DEINSTALLATION BATAVIA
LOCAL STOCK NUMBER: DEINTALLATION
| 11.00 |
| EA |
| __________________ |
| __________________ |
A-dec 521 Doctor's Stool BUFFALO
| 11.00 |
| EA |
| __________________ |
| __________________ |
522-A-dec 522 Asst Stool BUFFALO
| 11.00 |
| EA |
| __________________ |
| __________________ |
A-dec 532 TRAD Delivery System BUFFALO
| 11.00 |
| EA |
| __________________ |
| __________________ |
551 Model 551 Assistant's Instrumentation BUFFALO
| 11.00 |
| EA |
| __________________ |
| __________________ |
28.1924.00- Dental LT,LED,Retrofit,570L,White BUFFALO
LOCAL STOCK NUMBER: 28.1924.00
| 1.00 |
| EA |
| __________________ |
| __________________ |
INSTALLATION- CHARGES FOR INSTALL LABOR BUFFALO
| 1.00 |
| EA |
| __________________ |
| __________________ |
DE-INSTALLATION- CHARGES FOR DE-INSTALLATION BUFFALO
LOCAL STOCK NUMBER: DE-INSTALLATION
| 3.00 |
| EA |
| __________________ |
| __________________ |
511 ADEC 511 CHAIR BATAVIA
| 3.00 |
| EA |
| __________________ |
| __________________ |
521 ADEC 521 DOCTORS STOOL BATAVIA
| 3.00 |
| EA |
| __________________ |
| __________________ |
ADEC 522 ASST STOOL BATAVIA
| 3.00 |
| EA |
| __________________ |
| __________________ |
ADEC 532 TRAD DELIVERY SYSTEM BATAVIA
| 3.00 |
| EA |
| __________________ |
| __________________ |
ADEC 551 ASST INSTRUMENTATION
| 3.00 |
| EA |
| __________________ |
| __________________ |
ADEC 572L LED DENTAL LIGHT RADIUS MT BATAVIA
LOCAL STOCK NUMBER: 572L
| 1.00 |
| EA |
| __________________ |
| __________________ |
INSTALLATION CHARGES FOR INTALL LABOR BATAVIA
| GRAND TOTAL |
| __________________ |
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
14.00
1.00
1.00
3.00
10.00
14.00
14.00
14.00
14.00
14.00
14.00
1.00
1.00
1.00
11.00
1.00
11.00
11.00
11.00
11.00
11.00
1.00
1.00
3.00
3.00
3.00
3.00
3.00
3.00
1.00
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 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED…
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