36C24226Q0486.docx

36C24226Q0362

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

526-26-3-636-0402

36C24226Q0486 04-06-2026 Sanchez Reid/ Sanchez.Reid@va.gov

908-647-0180 04-10-2026

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

339114 750 Employees

N/A

James J. Peters VA Medical Center.

Brons NY 10468-3904 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2

Bronx NY 10468-3904

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

866-372-1141

See CONTINUATION Page This RFQ is for the purchase of Dental Air Compressor tank replacement for James J. VA Medical Center.

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

Offerors must provide sufficient technical documentation (e.g. product literature or specifications) to allow for thorough evaluation of the quotation.

Offerors must be certified in SBA VetCert and are required to submit a completed, signed limitations on subcontracting (LOS) certificate of compliance with their quotation and lead time.

Offers should specify the country of manufacture. Note the Buy American Act provides a preference for domestic end products.

See CONTINUATION Page

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:

B.2 STATEMENT OF WORK

Work Statement James J. Peters VA Medical Center (Bronx VA) Replacement of Dental Air Compressors

1.0 Purpose

The purpose of this project is to remove the existing air compressor equipment that supplies compressed air to the Dental Suite at the Bronx VA Medical Center and to furnish and install a new primary compressor pump along with a secondary backup compressor. This effort is intended to restore full operational capability, introduce redundancy, and ensure continued compliance with VA facility performance requirements.

2.0 Scope of Work

The contractor shall provide all labor, supervision, materials, tools, equipment, transportation, and incidentals necessary to complete the replacement and enhancement of the Dental Suite air compressor system. Work includes isolating and removing the failed unit, installing a new OEM-compliant compressor pump, installing a supplemental backup compressor system, performing all mechanical tie-ins, conducting system startup and testing, and coordinating any required off-hours system downtime.

All work shall adhere to VA standards, OSHA requirements, NFPA codes, and manufacturer installation guidelines.

The contractor shall provide medical‑grade, oil‑free air compressor systems capable of supporting the complete dental clinic during continuous operation. All equipment must meet applicable NFPA, OSHA, and VA requirements.

3.0 Detailed Tasks Brand name or equal products

3.1 System Isolation and Safety Preparation

Salient Characteristics for Primary Dental Air Compressor (Brand name or equal to SLAAE05E) The compressor offered must meet or exceed the following minimum characteristics:

· Medical-grade, oil-free, continuous-duty (100% duty cycle)

· Supports 14 dental treatment rooms simultaneously during peak usage

· Operating pressure: 80-125 psi dynamics, 125 psi static

· Air quality: ISO class 1.4.1 or better

· Dew Point: < 38°F

· Particulate filtration: 0.01 micron

· Noise level: < 88 dBA at 1 meter

· Electrical: 480V/3-Phase/60Hz

· NFPA 99 Category 3 complaint

· Includes vibration isolation hardware

· Includes proper mounting hardware and belt/pulleys

· Capable of serving dental handpieces and pneumatic instruments Equal products must clearly demonstrate compliance with every listed characteristic.

3.2. Salient Characteristics for Backup Compressor System (brand name or equal)

· N+1 redundancy capability (full load with one unit offline)

· Redundant dryers and filtration systems

· Automatic lead/lag sequencing

· Oil-free compressor technology

· ISO Class 1.4.1 filtration, 0.01 micron particulate, dew point ≤ 38°F

· NFPA 99 Category 3 compliant components

· Mechanical compatibility with existing distribution piping The contractor shall perform a full lockout/tagout procedure on the electrical supply and any other applicable utilities feeding the compressor system.

• Lockout/tagout procedures must be executed in accordance with OSHA 29 CFR 1910.147.

• Verification of zero-energy state is required before work begins.

• Appropriate notifications must be provided to facility staff prior to initiating system shutdown.

3.3 Removal of Existing Compressor Assembly

The contractor shall disconnect and remove the defective compressor/pump assembly currently installed.

Tasks include:

• Disconnecting mechanical connections and piping interfaces.

• Unbolting and removing the existing compressor pump (Model SLAE05E or equivalent).

• Transporting removed components to the designated VA disposal or storage location.

3.4 Installation of New Primary Compressor Pump

A new OEM-equivalent compressor pump shall be furnished and installed.

Work includes:

• Positioning and mounting the new pump onto the existing system frame.

• Precisely aligning the pump and motor shafts to manufacturer tolerances.

• Installing new drive belts and verifying proper belt tension and pulley alignment.

• Ensuring that all mounting hardware and vibration isolation components are properly installed.

1. Capacity Requirements

• System must support all dental treatment rooms at peak usage, and compressors must be rated for 100 percent duty cycle:

1. There are 14 rooms open for 8 hours but generally get approximately 7 hours of procedural use throughout the day.

1. Recommendation is for 80-125 psi (550-860 kPa) (dynamic) and a maximum static pressure of 125 psi (860 kPa).

1. Air Quality Requirements

• Oil‑free performance.

• Filtration and drying meeting ISO Class 1.4.1 or better.

• Dew point of 38°F or lower.

• Particulate filtration to 0.01 microns.

1. Electrical and Physical Characteristics of Existing Equipment

• Power: 480V/3PH/60HZ

• Dental Air Reciprocating Compressors: Dental air compressors shall be oil free duplex type, such that design load is provided with one unit out of service. The dental air compressor piping, pipe accessories and controls shall be designed to 1200 kPa (175 psig) maximum allowable working pressure. Each compressor shall be provided with automatic check valves as required for proper operation and the prevention of loss of pressure through the compressor. Manual shut-off valve shall be provided downstream of the check valve for service to check valve and compressor without total system shut down. Noise levels of not more than 88 dB(A) at one meter and no detectable vibration 152 mm (6 inches) from operating position.

• Vendors must provide dimensional drawings for Government review.

1. Environmental and Safety Requirements

• All equipment must be UL‑listed or equivalent.

• Systems must comply with VA and NFPA 99 requirements

3.5 Installation of Secondary Backup Compressor System

The contractor shall supply and install a complete auxiliary backup compressor system (Model SED100740AJ or approved equal).

Scope includes:

• Mechanical placement and secure mounting of the backup compressor unit.

• Installation of all associated piping, connectors, valves, and distribution tie-ins required for integration into the existing compressed air network.

• Completing all mechanical connections except electrical work, which is expressly excluded from this scope.

• Ensuring that the backup system is configured for seamless transfer should the primary unit be offline.

1. Redundancy Requirement

• System shall include N+1 redundancy, ensuring full operational capacity with one compressor offline.

• Redundant dryers and filtration systems are required.

• Automatic lead/lag sequencing must be included.

3.6 System Startup, Testing, and Verification

1. The dental air compressors shall provide compressed medical air for dental use only in compliance with NFPA 99. All components shall be factory packaged and tested (prewired and pre‑piped) on a steel base, or tank mounted. Completed system installation shall be compatible with pneumatically operated surgical hand pieces and shall provide dental air quality equal to or better than the quality specified under paragraph TESTS AND VERIFICATION.

0. TESTS AND VERIFICATION

0. An initial test for the system shall consist of initial blow down, initial piping purge test, initial pressure test for positive–pressure gas systems and copper Level 3 vacuum piping, initial cross-connection test, and initial standing positive-pressure gas piping tests. Tests shall be conducted as required by NFPA 99 for a Category 3 compressed air system with documentation.

0. System verification and final testing shall be conducted comprising of a system verifier standing pressure test, verifier cross-connection test, verifier Level 3 warning system test, verifier piping purge test, verifier final tie-in test, verifier operational pressure test, verifier piping particulate test, verifier piping purity test, labeling, and source equipment verification test shall be performed for a Category 3 compressed air system as required by current NFPA.

0. STARTUP AND TESTING

1. Perform tests as recommended by product manufacturer and listed standards and under actual or simulated operating conditions and prove full compliance with design and specified requirements. Tests of the various items of equipment shall be performed simultaneously with the system of which each item is an integral part.

1. The tests shall include system capacity, control function, and alarm functions.

1. When any defects are detected, correct defects and repeat test at no additional cost or time to the Government.

1. The VA will observe startup and contractor testing of selected equipment. Coordinate the startup and contractor testing schedules with the COR and VA. Provide a minimum notice of 10 working days prior to startup and testing.

3.7 Coordination of Off-Hours Work

The contractor shall coordinate with VA facility management to schedule work that may require offline system conditions during non-operational hours.

This may include:

• Mechanical tie-ins requiring temporary interruption of the air distribution system.

• Activities that could impact patient care or facility operations.

All off-hours scheduling must be approved at least five business days prior to the intended shutdown.

4.0 Deliverables

The contractor shall provide the following:

• Installation documentation and as-built mechanical drawings (updated to reflect system changes).

• Manufacturer datasheets for the new primary pump and backup compressor system.

• Startup and commissioning test reports.

• A list of installed components, including serial numbers and warranty information.

• Technical cut sheets, performance data, maintenance manuals, and recommended PM intervals.

5.0 Performance Standards

All work shall comply with the following:

• Department of Veterans Affairs technical standards and facility requirements.

• OSHA safety guidelines and lockout/tagout regulations.

• NFPA standards applicable to mechanical and compressed air systems.

• Manufacturer recommendations for installation, operation, and maintenance.

• High-quality workmanship ensuring reliable long-term operation.

6.0 Work Schedule and Period of Performance

The contractor shall coordinate all work with the designated individual/s in the Facilities Management/Engineering Department. Work must be completed within the agreed project timeline and executed in a manner that minimizes interruption to Dental Suite's clinical operations.

6.1 DAYS AND HOURS OF OPERATION:

Monday – Friday, 8:00 a.m. to 4:30 p.m. excluding the following federal holidays:

New Year’s Day Martin Luther King Jr’s. Day President’s Day Memorial Day Juneteenth Fourth of July Labor Day Columbus Day Veteran’s Day Thanksgiving Christmas Day

7.0 Responsibilities

7.1 Contractor Responsibilities

• Provide all necessary materials, tools, labor, equipment, and supervision.

• Maintain a clean and safe work area throughout the project.

• Protect adjacent VA property and restore any disturbed areas.

• Comply with all infection control requirements if entering clinical areas.

7.2 Government Responsibilities

• Provide access to the workspace and escort as required.

• Provide utility shutdown coordination and approvals.

• Review and accept project deliverables.

8.0 Warranty

The contractor shall provide a standard manufacturer warranty for all installed equipment and a minimum one-year workmanship warranty unless otherwise specified.

B.3 PRICE/COST SCHEDULE

Prices quoted are all inclusive including associated costs including shipping, handling, packaging, storage, licenses, etc. All shipping is FOB Destination.

Contractor shall furnish one (1) Brand name or equal dental air compressor equivalent to Model #SLAE05E, meeting all salient characteristics listed in Section B, paragraph B.3.1.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 4310 - Compressors and Vacuum Pumps

MANUFACTURER PART NUMBER (MPN): SLAE05E

LOCAL STOCK NUMBER: SLAE05E

Contractor shall furnish one (1) Brand name or equal dental air compressor equivalent to Model #SLAE05E, meeting all salient characteristics listed in Section B, paragraph B.3.1.

The Contractor shall furnish one (1) auxiliary back up compressor system (model SED100740AJ or equal) meeting salient characteristics listed in Section B, Paragraph B.3.2.

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 4310 - Compressors and Vacuum Pumps

MANUFACTURER PART NUMBER (MPN): SED100740AJ

LOCAL STOCK NUMBER: SED100740AJ

The Contractor shall remove the existing compressor assembly, disconnect and unbolt all components, and transport the unit to the VA-designated disposal or storage site.

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 4310 - Compressors and Vacuum Pumps

The Contractor shall install the newly furnished compressor unit, including mechanical placement, mounting, belt/pulley alignment, vibration isolation, and mechanical tie-ins to the existing distribution system. (Electrical work excluded per SOW unless directed otherwise.)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

The Contractor shall install the newly furnished compressor unit, including mechanical placement, mounting, belt/pulley alignment, vibration isolation, and mechanical tie-ins to the existing distribution system. (Electrical work excluded per SOW unless directed otherwise.)

Perform all required manufacturer startup procedures and NFPA 99 Category 3 tests including pressure tests, purge tests, cross-connection tests, purity/particulate tests, alarm sequencing checks, and final verification.

POP Begin:

POP End:

Provide O&M manuals, updated as-built drawings, warranty documentation, serial numbers, and recommended PM intervals per VAAR 852.211-70

POP Begin:

POP End:

Provide onsite operational and maintenance training for VA staff, including system operations, alarms, sequencing, and troubleshooting.

POP Begin:

POP End:

Covers any VA authorized after-hours installation testing, shutdowns, or tie-ins required to minimize patient care impacts

POP Begin:

POP End:

GRAND TOTAL

B.4 DELIVERY SCHEDULE

130 W Kingsbridge Road Bronx, NY 10468 3904

USA

908-647-0180 Sanchez.Reid@va.gov

130 W Kingsbridge Road Bronx, NY 10468 3904

USA

130 W Kingsbridge Road Bronx, NY 10468 3904

USA

130 W Kingsbridge Road Bronx, NY 10468 3904

USA

130 W Kingsbridge Road Bronx, NY 10468 3904

USA

130 W Kingsbridge Road Bronx, NY 10468 3904

USA

130 W Kingsbridge Road Bronx, NY 10468 3904

USA

Page 1 of Page 1 of

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)

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 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (DEVIATION MARCH 2026) As prescribed in 9.108-6(b), insert the following clause:

Prohibition on Contracting with Inverted Domestic Corporations

(a) Definitions. As used in this clause- Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-3.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of Clause)

C.5 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION MAR 2026)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in-

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $102,280 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $174,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending and debarring official may suspend the Contractor in accordance with procedures in FAR subpart 9.4.

(3) The suspending and debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR subpart 9.4.

(End of Clause)

C.6 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 (48 CFR Chapter 8) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

C.7 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s)0001-0008. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause)

C.8 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM.