36C24423Q0184.docx

36C24423Q0184

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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

595-23-1-480-0016 36C24423Q0184 12-14-2022 Andrew Taylor | andrew.taylor3@va.gov 724-679-2327 12-20-2022

PM

EST

00244 Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh PA 15240 X X 339113 750 Employees N/A X Lebanon VA Medical Center 1700 Lincoln Ave.

Lebanon PA 15240 00244 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page Brand Name Stryker Surgical Lights and Booms Schedule on page Instructions to Vendors on page See CONTINUATION Page X X X Andrew Taylor Table of Contents

B.4 STATEMENT OF WORK………...……………………………………………………….13

Brand Name Stryker Justification and Approval

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: Andrew Taylor, Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Butler PA 16001

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 PRICE/COST SCHEDULE

ITEM INFORMATION

SPS-3-C; S-SERIES, STANDARD POWERED, 3 ROW, 2 A OR4

Contract Period: Base POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): SPS-3-C; S-SERIES, STANDARD POWERED, 3 ROW, 2 A

SPS-3-C; S-SERIES, STANDARD POWERED, 3 ROW, 2 A

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

SPS-3-C; S-SERIES, STANDARD POWERED, 3 ROW, 2 A

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

P40075; ASM, HANDLE AND SHELF WITH FAIRFIELD R

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P40075; ASM, HANDLE AND SHELF WITH FAIRFIELD R

EA

P36143; ASM, SHELF MOUNT HDW

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P36143; ASM, SHELF MOUNT HDW

P40238; ASM, SHELF WITH FAIRFIELD RAILS, 750,

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P40238; ASM, SHELF WITH FAIRFIELD RAILS, 750,

P34414; KIT, FOOT PEDAL STORAGE DRAWER, ATLAS

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P34414; KIT, FOOT PEDAL STORAGE DRAWER, ATLAS

P33102; FAIRFIELD ACCESSORY RAIL KIT, DUAL MFR,

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P33102; FAIRFIELD ACCESSORY RAIL KIT, DUAL MFR,

P38740; ASSEMBLY, RJ11-PHONE MOUNT PLATE AND C

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P38740; ASSEMBLY, RJ11-PHONE MOUNT PLATE AND C

P34204; SUCTION CANISTER MOUNTING KIT, ATLAS

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P34204; SUCTION CANISTER MOUNTING KIT, ATLAS

P46812; VPA AND SPRING ARM, 2 CIRCUITS, NON-ISO

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P46812; VPA AND SPRING ARM, 2 CIRCUITS, NON-ISO

107123; KIT, ENDO LIGHT CENTRAL KK DOWN RETROFIT

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 107123; KIT, ENDO LIGHT CENTRAL KK DOWN RETROFIT

P35281; KIT, SK BOX W ELEC + ENCL., DOUBLE LT

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P35281; KIT, SK BOX W ELEC + ENCL., DOUBLE LT

CB 5210100; SK BOX ENCLOSURE (SINGLE BOX, E)

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): CB 5210100; SK BOX ENCLOSURE (SINGLE BOX, E)

CB; 5211120 SK BOX DOOR, POWDER COATED

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): CB; 5211120 SK BOX DOOR, POWDER COATED

500020417; JUNCTION BOX, 10X8X4

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 500020417; JUNCTION BOX, 10X8X4

P41798; ASSY, TC JUNCTION BOX, LIGHT AND UDM

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P41798; ASSY, TC JUNCTION BOX, LIGHT AND UDM

P37633; F-GEN TOUCH WALL CONTROL, VER 2

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P37633; F-GEN TOUCH WALL CONTROL, VER 2

P47503; KIT, SLX 628 NFC/NC CARDANIC

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P47503; KIT, SLX 628 NFC/NC CARDANIC

P47506; KIT, NFC SPRING ARM CEILING 12-17KG

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P47506; KIT, NFC SPRING ARM CEILING 12-17KG

P43410; COVER, GREY ? 70 MM

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P43410; COVER, GREY ? 70 MM

RS 0006175; LABOR, CHROMOPHARE LIGHTHEAD CONVERSION

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): RS 0006175; LABOR, CHROMOPHARE LIGHTHEAD CONVERSION

P43779; BUNDLE, STRYKECAM READY

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P43779; BUNDLE, STRYKECAM READY

P36000; STRYKECAM FOR F-GEN

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P36000; STRYKECAM FOR F-GEN

P27047; ASSY, CAMERA COVER FOR STRYKECAM

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P27047; ASSY, CAMERA COVER FOR STRYKECAM

P35019; ASSY, UPGRADE KIT FIRMWARE TOUCH PAD 7IN

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P35019; ASSY, UPGRADE KIT FIRMWARE TOUCH PAD 7IN

P46712; HANDLE ASSY, SCP STERILIZABLE

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P46712; HANDLE ASSY, SCP STERILIZABLE

P37676; HANDLE, STERILIZABLE COVER

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): P37676; HANDLE, STERILIZABLE COVER

RS 0006008; CHROMOPHARE INSTALLATION

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): RS 0006008; CHROMOPHARE INSTALLATION

8888888370; INSTALLATION BNL-HD CAMERA WALL DECODER UPGRADE

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 8888888370; INSTALLATION BNL-HD CAMERA WALL DECODER UPGRADE

RS 0006139; TELETOM INSTALLATION, TC

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): RS 0006139; TELETOM INSTALLATION, TC

8888888401; INSTALLATION-IMPLEMENTATION STAGING CHARGE

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 8888888401; INSTALLATION-IMPLEMENTATION STAGING CHARGE

8888888900; PROJECT SERVICES

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 8888888900; PROJECT SERVICES

PRE-INSTALL HARDWARE

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): PRE-INSTALL HARDWARE

8888888720; OR Renovation Services

POP Begin: 12-28-2022 POP End: 06-30-2023 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

MANUFACTURER PART NUMBER (MPN): 8888888720

GRAND TOTAL

B.3 DELIVERY SCHEDULE

1700 South Lincoln Avenue Lebanon, PA 17042

USA

717-272-6621 x 4120 beverly.miller1@va.gov

Stryker S-Series Booms and SLX Lights Upgrade Statement of Work

1. Background:

The Lebanon VA Medical Center (LVAMC) has a brand name requirement for new, upgraded Stryker S-Series Booms and SLX Lights for four operating rooms.

2. Scope of Work:

The Stryker S-Series Booms and SLX Lights upgrade will provide the surgeon’s and operating rooms staff a workspace that allows unrestricted access to their patient. The booms will house new lights and necessary operating room equipment. Surgical booms keep the surgical workspace ergonomic and keep equipment clean and off the floor. Lighting, audio-visual equipment and other necessary surgical equipment will be housed in the booms. They save space, increase efficiency, and allow the operating room staff better access to their patients.

Upgrade 4 operating rooms with new S-Series booms and SLX lights. To be completed in one week during a single phase with two teams.

· Current Equipment TC Patient Right and Left 6 Series Bechtold boom with F-Series light/UDM Reinstalling UDM spring arm and yoke Single Anesthesia boom

· Future Equipment TC Patient Right and Left 6 Series Bechtold boom with F-Series light / UDM Reinstalling UDM spring arm and yoke Single Anesthesia boom.

· Olympus integration will require coordination between Stryker and Olympus for concurrent installation.

3. Project Management Pre-installation planning and coordination with all departments, personnel, and Stryker staff. Provide a complete schedule, Schedule all deliveries to local storage On-site supervision and coordination.

4. Interim Infection Control

· Provide ICRA plan.

· Provide and install Class IV infection control. (4) Four rooms simultaneously.

· Tape/Plastic off all diffusers.

· Tape HEPA filters on return air vents.

· Tape/Plastic off all doors and cabinets.

· Vent air scrubber, with HEPA filter, into return air vents in the room.

· Provide plastic ante room inside of OR.

· Provide sticky floor mats in the ante room.

· Maintain negative air in all construction spaces, per facility infection control

· Hospital to remove all mobile equipment prior to renovation.

· Cover immobile equipment with plastic to protect it from dust.

· Hospital to turn down airflow in the room to create negative pressure.

5. Demolition Remove existing ceiling-mounted equipment Remove existing cabling data cabling Remove existing power supply box Equipment is to be stored at 1625 Willow Street, Lebanon, PA 17042 warehouse.

Storage to be provided by Lebanon VA. Transportation of equipment from storage to be provided by Stryker.

Structural changes are not anticipated to be needed, therefore, not included in the SOW.

Confirm existing mounting plates may be reused by relocated booms.

Each boom is of similar configuration and weights/moments.

6. Electrical No additional power is required for this project. All power will be reused like for like.

Disconnect all power to ceiling-mounted equipment.

Swap SK electronics for surgical lights. Will reuse the existing SK box.

7. Low Voltage Cabling from current Stryker equipment back to the control box is to be performed by others. Stryker will be onsite to assist in opening equipment.

Back pull existing data in equipment booms and anesthesia boom Pull existing data back into the new equipment boom Hospital IT department/Facilities department to terminate and test data cables.

8. Plumbing/Med gas Disconnect all med gases to ceiling-mounted equipment Connect med gases to new booms Hire an independent med gas certifier to complete the purity and flow test.

9. Mechanical/HVAC No mechanical services are affected by this project.

10. Finish Work To be completed by Stryker:

Equipment will be removed with the intent of disposal.

Contractor provided dumpster for all debris and waste.

Patch and paint ceiling or wall if damaged by Stryker during the upgrade or original condition.

11. Schedule Complete detailed schedule will be submitted prior to work being completed.

Project is to be completed in one phase working 7 days during standard hours. Multiple coordination meetings will need to be held with all vendors. Stryker will provide two installation teams to complete the project.

Add liquidated damages clause.

12. Assumptions Stryker will have total access to all rooms at the same time.

All equipment will be removed from all rooms prior to the upgrade by Lebanon VA. Storage will be provided by Lebanon VA. Transportation from the Willow Street location will be completed by Stryker.

Any ceiling penetration to be open for more than 10 consecutive hours will require a 24/7 fire watch, to be provided by the contractor, in compliance with VA policies.

13. Exclusions Modification to fire suppression system.

Asbestos abatement.

Mold remediation.

Removal, modification, testing, or installation of lead lined walls unless outlined above.

Fixing any existing conditions, not outlined above.

Special Inspections and Testing not outlined above.

Isolation panel upgrades/changes/certifications.

Permits and/or permit fees unless outlined above.

All Design work not specified above

14. Delivery:

Delivery will be May 1, 2023. Installation shall occur between June 17, 2023 and conclude on June 23, 2023. S-Series booms and SLX lights and accessories shall be delivered to the Lebanon VAMC located at 1700 S. Lincoln Ave., Lebanon, PA 17042; Attn; Warehouse. BioMedical Engineering will need to perform a safety check and enter the equipment into the system for annual Preventive Maintenance (PM) checks. Placement in the LVAMC clinic shall be coordinated through the Contracting Officer Representative.

36C24423Q0184

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SECTION C - CONTRACT CLAUSES

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.1 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

52.204-18

52.212-4

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

AUG 2020

NOV 2021

C.2 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2022) (JUL 2020) (DEVIATION)

(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 $92,319 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, 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 $183,000 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, or the equivalent at 52.212-3(i), 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 official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The 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.3 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[X] 852.211–70, Equipment Operation and Maintenance Manuals.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[X] 852.246–71, Rejected Goods.

(End of Clause)

C.5 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) 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. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.6 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)

(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. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause) C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.8 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

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

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

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed 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. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(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) [ ] 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 to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.] [ ] 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. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting Officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(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 section 1001 of title 18.

(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 on subcontracting requirement. Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________ Printed Title of Signee:_________________________________________ Signature:___________________________________________________ Date:_____________________ Company Name and Address: ________________________________________ (End of Clause)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause) (End of Addendum to 52.212-4) C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and…