36C24226Q0362

GENERAL INFORMATION

Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

POINT OF CONTACT*

Contract Specialist Sanchez Reid Sanchez.Reid@va.gov No telephone inquires

PLACE OF PERFORMANCE

Building 65 1st floor

79 Middleville Road

Middleville Road NY

ADDITIONAL INFORMATION

DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

RFQ- TOTAL SDVOSB SET-ASIDE

Combined Synopsis/Solicitation Notice

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

632-26-1-183-0006 36C24226Q0362 03-09-2026 Sanchez Reid/ Sanchez.Reid@va.gov 908-647-0180 03-16-2026

4:00PM

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 337215 500 Employees N/A X Northport VAMC Building 65 1st floor 79 Middleville Road Northport NY 11768 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/veteransaffairs/

See CONTINUATION Page This RFQ is for the purchase of Behavioral Health Furniture VA Medical Center.

Please see Statement of Work and Price/Cost schedule for requirements.

Review the tailored Instruction to Offerors (FAR Provision 52.212-1 Addendum carefully).

See CONTINUATION Page X X X Sanchez Reid CS Page 1 of 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 Administered by: Sanchez.Reid@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:

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B.2 STATEMENT OF WORK

VAMC Northport Station 632- Replace PRRP Group Furnishings NORTHPORT VA MEDICAL CENTER

Background:

The VAMC in Northport has general PRRP group/lounge rooms that are furnished with pieces that have been cited on Environment of Care Rounds for tears in upholstery. This project will help provide a sanitary and infection control approved area for residents of the PRRP programs to conduct groups, complete therapeutic work assignments and have a place to integrate and relax with the PRRP community and family members.

Scope:

I. Supply Behavioral health seating (2 sofas, 2 love seats, 15 chairs, 2 end tables, 1 coffee table and 1 dining/activity table.

2 each - 3 seat Behavioral Health Sofa (WSGBH) 2 each - 2 seat Behavioral Health Love Seat (WSGBH) 15 each - single seat Behavioral Health Chair (WSGBH) 2 each – end tables (OT1) 1 each - coffee table (OT1) 1 each – dining/activity table (CT1) WSGBH Freestanding Behavioral Health lounge furniture – Behavioral health upholstered furniture.

Salient Characteristics: To include minimum of the following specifications:

a. Chair, loveseat and sofa available with a hard material arm cap; either solid wood secured arm caps or cleanable wood alternative that is a pick resistant polymer finish that is secured. To have a metal seat internal frame and an upholstered seat, back and upholstered panel arm, and leg base style.

b. Antimicrobial, water resistant, healthcare grade fabric (see fabric specs)

c. All chairs, sofas and love seats shall have a clean-out area between seat and back

d. Chair lines shall include coordinating love seats and sofa

e. Chairs shall have a minimum weight capacity of 350 lbs.

f. Love Seats shall have a minimum weight capacity of 500 lbs.

g. Sofas shall have a minimum weight capacity of 750 lbs

h. Behavioral health seats need some weight for them not to be propelled and provide stability. Chairs shall have a minimum weight of 80 lbs. A two seat love seat or settee shall have a minimum weight of 100 lbs. A three seat sofa shall have a minimum weight of 165 lbs.

i. Upholstery to have double stitched seams for all upholstery

j. To be designed and weighted to deter mishandling

k. To have a seamless seat front increases durability and prohibit concealment.

l. To have no exposed upholstery staples

m. To have no exposed upholstery staples

n. To have no exposed fasteners

o. To have non-removable seat cushion

p. To have tamper-resistant steel legs and glides or wood/wood look steel reinforced legs.

q. To be BIFMA X5.4-2020 Certified

r. To have arm cap option available in wood or a pick resistant polymer.

s. Chairs, love seats and sofas shall have non-skid glides for hard surface floors.

t. Textile options ranging from moisture resistant fabric in nonwoven materials to include COM/Healthcare grade fabric and the ability to clean using germicide or bleach solution. Weft Jungle and Weft Indigo were the fabrics selected but other fabric lines with a similar blue or green can be considered if necessary, provided they meet the Fabric specifications in (t.).

u. Fabric to meet the below specficiations and be available in a coordinating, blue and green. All Fabrics must be submitted to be considered and reviewed for approval by the Northport VAMC Interior Designer based on the below performance and technical specifications first and for color intent.

v. To have no exposed upholstery staples

w. To have no exposed fasteners

x. To have non-removable seat cushion

y. To have tamper-resistant steel legs and glides or wood/wood look steel reinforced legs

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z. To have no exposed upholstery staples

aa. To have no exposed fasteners

ab. To have non-removable seat cushion

ac. To have tamper-resistant steel legs and glides or wood/wood look steel reinforced legs.

ad. To be BIFMA X5.4-2020 Certified

ae. To have arm cap option available in wood or a pick resistant polymer.

af. Chairs, love seats and sofas shall have non-skid glides for hard surface floors.

ag. Textile options ranging from moisture resistant fabric in nonwoven materials to include COM/Healthcare grade fabric and the ability to clean using germicide or bleach solution. Weft Jungle and Weft Indigo were the fabrics selected but other fabric lines with a similar blue or green can be considered if necessary, provided they meet the Fabric specifications in (t.).

ah. Fabric to meet the below specifications and be available in a coordinating, blue and green. All Fabrics must be submitted to be considered and reviewed for approval by the Northport VAMC Interior Designer based on the below performance and technical specifications first and for color intent.

Specifications -

Performance Characteristics

Flammability* BIFMA Class 1

Vinyl fabric for the VHA is to be formulated without phthalates.

Performance Summary

· Enhanced soil + stain resistance

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· Enhanced abrasion resistance

· CFFA-Healthcare-201: Certified

· Enhanced ink resistance

· Denim stain resistant

· Fluid barrier

· Bleach-solution cleanable

· Enhanced fade resistance Environmental

· GREENGUARD Certified

· REACH Compliant

· RoHS Compliant

· No PFAS, fluorocarbons or perfluorinated compounds

· No added flame retardants

· No added antimicrobials

· Formulated without Phthalates Cleaning and Maintenance Cleaning Code: (W) Clean with water-based foam or water-based cleaners only. Do not use solvents. We recommend using a professional cleaning service.

Bleach solutions of up to 10% may be used for more difficult stains.

ai. Chairs, loveseats and sofas shall have field-replaceable arm caps of the required materials per (WSGBH salient characteristics - a.)

aj. Warranty: To have a minimum of 10-year warranty that includes construction and finish.

OT1 Occasional tables, end tables (2 each) and coffee table (1 each) Salient Characteristics: To include minimum of the following specifications:

a. To have a solid surface top with .5" waterfall edges, the drum is to be finished in hard surface and cleanable surfaces. Finishes must be moisture impervious, easy to clean and maintenance free. Tables are to be drum style, to be a wood look finish that is the company match to seating arm and leg finishes. Drum table is to include a plinth. Plinth to be a wood look finish that is a manufacturer match to proposed seating arm and leg finishes or a metal finish that is available in both a warm metal and a cool metal look that is a manufacturer match to seating arm and leg finishes. The laminate or polymer is to be a standard finish that will be selected by the Northport VAMC Interior Designer.

b. Include glides on bottom of drum to move on hard floors without marring.

c. Anti-microbial finish applied to any finished exposed wood surfaces

d. Surfaces must be hard, and durable, to be heat, scratch, and mar resistant, and cleanable with healthcare cleaners.

e. Meet AWI (American Woodwork Institute) standards for joinery techniques.

f. Meets or exceeds SCS Indoor Air Quality standards (SCS EC10.2-2007/ANSI/BIFMA M7.1-2001).

g. End table must be a minimum of 45 lbs, a coffee table must weigh a minimum of 110 lbs.

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h. CT1 end table will be round and have a 24" diameter with a 20" height. CT1 Coffee table will have a 42" diameter/ or size with large diameter rounded corners and a 16" height. Drum to be a wood look material, plinth is preferred to have a metal finish, top to be solid surface.

i. To have a HPL wood look finish or other comparable wood look finish, and a metal plinth option.

j. Surfaces must be hard, and durable and be heat, scratch, and mar resistant, and cleanable with healthcare cleaners.

k. All fasteners to be concealed

l. Glides to be tamper-resistant and non-removable..

m. Contributes to LEED Credits

n. Warranty: To have a minimum of 10-year warranty that includes construction and finish.

CT1 - Conference Table, HPL (1 each) Salient Characteristics: To include minimum of the following specifications:

a. Top size to be 60 - 66” Diameter.

c. Top to be offered in a variety of HPL options with one matching woods of the occasional table wood finishes. The top is an HPL finish that is natural maple woodgrain with a black vinyl edge with a polished chrome base. Maple is a different finish from the soft seating and the occasional tables, as it is going to a different area/Building. Wood or polymer will be accepted. No urethane, no polyurethane, no metal will meet the salient specifications.

d. Edge detail to be vinyl edge.

e. To be a single column support base with 4 pronged segmented leg bases, per design intent, with finish options to choose from including chrome, metallic paint options, and painted metal options.

i. To include leveling glides for carpet or hard floors.

j. There should be no grommet opening on the table top.

k. To contribute to LEED Credits.

n. Warranty: To have a minimum 10-year warranty that includes construction and finish

I. All upholstered furniture, coffee table and end tables will be inside delivered, installed, and fully assembled on the unit, Building 65 1st floor Group/Multipurpose room. The dining/activity table will be inside delivered, installed, and fully assembled to Building 64 2nd floor Lounge/Activity Room.

· Order to be shipped within 120 days ARO.

· Each item will be fully assembled and placed in the appropriate room as designated unit which will be provided. Elevators to both areas will be available with access from the basement level tunnel system (delivery path to be included in floor plan document)

· Provide phased shipments as needed and 30 day storage period as needed if determined at the time of acknowledgement.

· Vendor is welcome to schedule a walk-through of the delivery path prior to providing final pricing.

WSGBH 3 seat Behavioral Health Sofa (2 each)

Intended finishes Arms and Legs to be Espresso woodgrain finish Fabric to be Weft Jungle

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Intended finishes

Arms and Legs to be Espresso woodgrain finish Fabric to be Weft Jungle

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Arms and Legs to be Espresso woodgrain finish Fabric to be Weft Indigo

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Solid Surface top Linen

Drum body and pinth Espresso woodgrain finish

Alternate Plinth brushed silver

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Page 1 of Page 1 of OT1 BH – Occasional table Behavioral Health Drum Style (2 each)

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Solid Surface top Linen

Drum body and pinth Espresso woodgrain finish

Alternate Plinth brushed silver

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Page 1 of Page 1 of CT1 (1 each) Intended finishes

Page 1 of Page 1 of Base finish polished chrome

Top laminate Natural maple HPL laminate

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Table Edge Black vinyl edge

ll. Delivery:

Furniture is to be delivered by awarded vendor, to buildings 64, 2nd floor and Building 65 1s floor multipurpose rooms. Vendor is to supply all materials and tools required to transport, cart and deliver furniture. All debris and trash from packaging of furniture is to be carted away and disposed of off site with vendor each day the vendor delivers.

Order to be shipped within 120 days ARO.

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III. Performance Requirements

a. The contractor shall provide and be responsible for the technical assistance, development and generation for final specifications sent to manufacturers with approval from VAMC Interior Designer.

b. Furniture delivery (79 Middleville Road, Northport, NY 11768 building 65 1st floor and building 64 2nd floor) (specific rooms to be determined before delivery)

c. Duty hours will be 8:30 am – 4:30 pm. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

POC Engineering:

Inventory List/Invoicing:

The VA purchase order (PO) number shall be clearly noted on all invoices and inventory lists for accurate processing. The PO number will start with 632 followed by 5 digits beginning with an “A”. Ex: 632-AXXXXX.

Place of Performance:

Northport VAMC 79 Middleville Road Northport, NY 11768

Patient Information Privacy and Protection:

The furniture does not store any PHI/PII/PI, nor are there any hard drives/storage devices to service or remove.

B.3 PRICE/COST SCHEDULE

Brand Name or equal to Kwalu 3 Seat Behavioral Health Sofa Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 337215 - Showcase, Partition, Shelving, and Locker Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): WSGBH

LOCAL STOCK NUMBER: WSGBH

632-26-1-183-0006 REPLACE PRRP GROUP FURNISHINGS The purchase of 3 BH sofas, 2 BH setees, 15 single seat BH lounge chairs, 1 60" table,3 occasional tables and will include inside delivery and placement in Building 65 1st floor Group room. Will be inside delivered and placed within PRRP building 65. Order is to be shipped within 120 days ARO. Vendor to provide a warranty for 10+ years that is equal to the designated Healthcare Furniture IDIQ contract. Provide phased shipments and 30 day storage period as needed if determined at the time of acknowledgement confirmation.

Brand Name or Equal to Kwalu 2 Seat Behavioral Health Love Seat

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 337215 - Showcase, Partition, Shelving, and Locker Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): WSGBH

Brand Name or equal to Kwalu Single Seat Behavioral Health Chair

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 337215 - Showcase, Partition, Shelving, and Locker Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): WSGBH

Brand name or equal to Kwalu End Table

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 337215 - Showcase, Partition, Shelving, and Locker Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): OT1

LOCAL STOCK NUMBER: OT1

Brand Name or equal to Kwalu Coffee Table

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 337215 - Showcase, Partition, Shelving, and Locker Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): OT1

LOCAL STOCK NUMBER: OT1

Brand name or equal Dining/activity table

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 337215 - Showcase, Partition, Shelving, and Locker Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): CT1

LOCAL STOCK NUMBER: CT1

All upholstered furniture, coffee table and end tables will be inside delivered, installed, and fully assembled on the unit, Building 65 1st floor Group/Multipurpose room. The dining/activity table will be will be inside delivered, installed, and fully assembled to Building 64 2nd floor Lounge/Activity Room.

All upholstered furniture, coffee table and end tables will be inside delivered, installed, and fully assembled on the unit, Building 65 1st floor Group/Multipurpose room. The dining/activity table will be will be inside delivered, installed, and fully assembled to Building 64 2nd floor Lounge/Activity Room.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 337215 - Showcase, Partition, Shelving, and Locker Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

B.4 DELIVERY SCHEDULE

Building 65 1st Floor 79 Middleville Road Northport, NY 11768 2200

USA

908-647-0180

79 Middleville Road Building 65 1st floor Northport, NY 11768

USA

Building 65 1st Floor 79 Middleville Road Northport, NY 11768 2200

USA

631-948-3744 Cindy.Walsh@va.gov

Building 65 1st Floor 79 Middleville Road Northport, NY 11768 2200

USA

908-647-01804

Building 65 1st Floor 79 Middleville Road Northport, NY 11768 2200

USA

Building 65 1st Floor 79 Middleville Road Northport, NY 11768 2200

USA

79 Middleville Road Building 65 1st floor Northport, NY 11768

USA

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION OCT 2025)

TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible.

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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.

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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) Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) Other contract clauses incorporated in the solicitation or contract.

(4) Addenda to this solicitation or contract.

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 https://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

C.3 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (OCT 2025)

(a) Definition.

Commercially available off-the-shelf (COTS) item, as used in this clause—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product” in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405–2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, proposed for debarment, or voluntarily excluded by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed first-tier subcontractor whose subcontract will exceed the threshold specified in FAR 9.405–2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that-

(1) Exceeds the threshold specified in FAR 9.405–2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of Clause)

C.4 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

(End of Clause)

C.5 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any VAAR (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause) C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (DEVIATION) (JAN 2023)

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

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

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

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

(2) Manufacturer or nonmanufacturer representation and certification:

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

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

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

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

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

(iii) [] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA.

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

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

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

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

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

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations…