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

595-26-2-0087

36C24426Q0301 02-23-2026

Benjamin Villasenor 302.668.5618 03-04-2026

3:00 PM EST

00244 Department of Veterans Affairs Network Contracting Office 4 Commodities 1

X 100

X

339113

800 Employees

N/A

Lebanon VAMC Attn: (Surgery Core Location)

1700 South Lincoln Avenue Lebanon PA 17042

00244

Department of Veterans Affairs

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 or Equal DSI High Density Supply Storage Racking and Accessories in accordance with the Statement of Need.

Questions shall be emailed to benjamin.villasenor@va.gov no later than 2/27/2026. Answers will be addressed via Amendment.

See Instructions to Offerors on page 19.

See CONTINUATION Page

X 1

Benjamin Villasenor Contracting Officer

36C24426Q0301

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF NEED

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 17

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFEROR

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

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 36C244 Benjamin Villasenor

Department of Veterans Affairs

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Acceptance by the Government

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.

Tungsten Network https://www.kofax.com/products/tungsten

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

4.00 EA _______________

# 0001 Description - Modumax CTS+ Starter w/10 Sterileshelf, Part# KIT-D1-MM-KITCTS+/ST/10V Qty: 4 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 7125 - Cabinets, Lockers, Bins, and Shelving

9.00 EA _______________

#0002 Description - Modumax CTS+ Adder w/10 Sterileshelf, Part# KIT-D1-MM-KITCTS+/ADD/10V Qty: 9 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

1.00 EA _______________

#0003 Description - Modumax CTS+ Starter w/10 4BC-CTS+ and 1 Sterileshelf, Part# KIT-D1-MM-KITCTS+/ST/10B1V Qty: 1 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

3.00 EA _______________

#0004 Description - Modumax CTS+ Adder w/10 4BC-CTS+ and 1 Sterileshelf, Part# KIT-D1-MM-KITCTS+/ADD/10B1V Qty: 3 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

1.00 EA _______________

#0005 Description - Assembly and Installation, Part# KIT-D1- INSTALLATION Qty: 1 PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Lebanon VAMC 1700 South Lincoln Avenue Lebanon, PA 17042

USA

4.00

9.00

1.00

3.00

1.00

B.4 STATEMENT OF NEED

DEPARTMENT OF VETERAN AFFAIRS

LEBANON VETERANS AFFAIRS MEDICAL CENTER

STATEMENT OF NEED

Title of Project: Brand Name or Equal- DSI High Density Supply Storage Racking and Accessories- Lebanon VA Medical Center (LVAMC) Surgery Center Core location.

Scope of Work: The Contractor shall provide items, deliver items, install and test all items and equipment for the setup of an additional storage system for the Surgery Center. The Contractor is responsible for any missing parts and components not included to carry out the installation. All equipment and installation must meet Original Equipment Manufacturers (OEM) and VA specifications. Additional site visits are permitted as needed. The proposed unit must connect with the existing DSI Modumax system in the Surgery Center Core location; allowing for no disjointed framing issues.

Performance Period: Delivery is to take place no later than 30 days after the contract award.

General Requirement: The LVAMC has a requirement for Brand Name or Equal, DSI Modumax Shelving Units and Accessories for the Surgery Center: Four (4) Modumax Starter Single Unit, CTS+ Width, with 10 Volkren-CTS+ Shelves and Dust Cover, Nine

(9) Modumax Adder Single Unit, CTS+ Width, with 10 Volkren-CTS Shelves and Dust Cover, One (1) Modumax CTS+ Starter w/10 4BC-CTS+ and 1 Sterileshelf, and Three (3) Modumax CTS+ Add w/10 4BC-CTS+ and 1 Sterileshelf.

The racking and accessories must meet the following salient characteristics:

1. Modumax Starter Single Unit, CTS+ Width, with 10 Volkren-CTS+ Shelves and Dust Cover – Quantity 4 o Height of frame no higher than 77.25” o Width of frame no wider than 15.25” o Depth of frame no deeper than 25.4” o Must be made from tooled aluminum anodized tubing o Must have rails with built in stoppers to prevent baskets from extending through the rear of the frame o Must have front rubber strips on the frame uprights to help prevent dents, chips, and scrapes o Must have Shelf runners with stainless steel roller wheels, rear stopper and

“snap in” locks o Must have stabilizers made from 18-gauge aluminum cross members to ensure stability and added strength o Must have rails that snap in every 1" for adjusting the basket height without tools o Must include 10 shelves per unit

a. Shelves are required in this space

• Must be able to withstand -40°C to 140°C.

• Must have 2000lbs load barring weight capacity

• Must withstand prolonged exposure to acids, alkalis, and solvents without degradation.

o Must include 3” Swivel polyurethane braking double wheel casters o Must include powder coated steel dust covers for each vertical section o Must include Lifetime warranty o Must connect with the existing DSI Modumax system in the Surgery Center Core location, allowing for no disjointed framing issues

2. Modumax Adder Single Unit, CTS+ Width, with 10 Volkren-CTS Shelves and Dust Cover – Quantity 9 o Height of frame no higher than 77.25” o Width of frame no wider than 14.10” o Depth of frame no deeper than 25.4” o Must be made from tooled aluminum anodized tubing o Must have rails with built in stoppers to prevent baskets from extending through the rear of the frame o Must have front rubber strips on the frame uprights to help prevent dents, chips, and scrapes o Must have Shelf runners with stainless steel roller wheels, rear stopper and

“snap in” locks o Must have stabilizers made from 18-gauge aluminum cross members to ensure stability and added strength o Must have rails that snap in every 1" for adjusting the basket height without tools o Must include 10 shelves per unit

a. Shelves are required in this space

• Must be able to withstand -40°C to 140°C.

• Must have 2000lbs load barring weight capacity

• Must withstand prolonged exposure to acids, alkalis, and solvents without degradation.

o Must include 3” Swivel polyurethane braking double wheel casters o Must include powder coated steel dust covers for each vertical section o Must include Lifetime warranty

3. Modumax CTS+ Starter w/10 4BC-CTS+ and 1 Sterileshelf – Quantity 1 o Height of frame no higher than 77.25” o Width of frame no wider than 77.7” o Depth of frame no deeper than 17.5” o Must be made from tooled aluminum anodized tubing o Must have rails with built in stoppers to prevent baskets from extending through the rear of the frame o Must have front rubber strips on the frame uprights to help prevent dents, chips, and scrapes o Must have Shelf runners with stainless steel roller wheels, rear stopper and

“snap in” locks o Must have x10 4” deep clear baskets with stainless basket wheel/stops o Must include 10 shelves per unit

a. Shelves are required in this space

• Must be able to withstand -40°C to 140°C.

• Must have 2000lbs load barring weight capacity

• Must withstand prolonged exposure to acids, alkalis, and solvents without degradation.

o Must include short dividers o Must include long dividers o Must include T connectors o Must include U clips o Must have stabilizers made from 18-gauge aluminum cross members to ensure stability and added strength o Must have rails that snap in every 1" for adjusting the basket height without tools o Must include 3” Swivel polyurethane braking double wheel casters o Must include Lifetime warranty

4. Modumax CTS+ Add w/10 4BC-CTS+ and 1 Sterileshelf. – Quantity 3 o Height of frame no higher than 77.25” o Width of frame no wider than 103.2” o Depth of frame no deeper than 17.5” o Must be made from tooled aluminum anodized tubing o Must have rails with built in stoppers to prevent baskets from extending through the rear of the frame o Must have front rubber strips on the frame uprights to help prevent dents, chips, and scrapes o Must have Shelf runners with stainless steel roller wheels, rear stopper and

“snap in” locks o Must have x10 4” deep clear baskets with stainless basket wheel/stops o Must include 10 shelves per unit

a. Shelves are required in this space

• Must be able to withstand -40°C to 140°C.

• Must have 2000lbs load barring weight capacity

• Must withstand prolonged exposure to acids, alkalis, and solvents without degradation.

o Must include Short dividers o Must include Long dividers o Must include T connectors o Must include U clips o Must have stabilizers made from 18-gauge aluminum cross members to ensure stability and added strength o Must have rails that snap in every 1" for adjusting the basket height without tools o Must include 3” Swivel polyurethane braking double wheel casters o Must include Lifetime warranty o Must connect with the existing DSI Modumax system in the Surgery Center

Core location, allowing for no disjointed framing issues

Installation:

Storage system must be installed by the contractor to manufacturer’s specifications maintaining federal and local safety standards.

The contractor must remove all related shipping and packing materials and clean up any installation-associated debris.

The contractor must be responsible for any damage to the building that occurs due to contractor error or neglect.

Delivery:

Delivery must be within thirty (30) days from the date of award.

Delivery of equipment must be made to:

Lebanon VA Medical Center

Attn: Surgery Center Core Location

1700 S. Lincoln Ave. Bldg. 6, Warehouse

Lebanon, PA 17042

Delivery to the facility must be coordinated at least 72 hours prior to the required delivery date with the Warehouse Supervisor.

Warehouse Supervisor: Tessa Herb

Phone: (717) 272-6621 x5973

Email: Tessa.Herb@va.gov

Note: The Warehouse Supervisor has no authority to change the terms and conditions of the awarded contract.

Point of Contact (POC) for this requirement is:

POC: Sarah Aikey

Phone: (717) 272-6621 X6301

Email: sarah.aikey@va.gov

Note: The POC has no authority to change the terms and conditions of the awarded contract.

36C24426Q0236

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

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

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

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS

NOV 2018

852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESSES (DEVIATION)

JAN 2023

852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (DEVIATION)

JAN 2023

852.247-73 PACKING FOR DOMESTIC SHIPMENT OCT 2018

852.246-71 REJECTED GOODS OCT 2018

C.3 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)

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

This section is intentionally left blank.

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFEROR

Quotes shall be submitted via email to the Contracting POC listed on page 1 of the Standard Form 1449 in Block 7a. Include Request for Quote number in subject line of email. All quotes shall be submitted on or before the offer due date shown on page 1 of the Standard Form 1449 in Block 8.

To be deemed responsive and be considered for award, an offeror’s quote shall include, but is not limited to:

1. Authorization Letter from the Original Equipment Manufacturer (OEM) of the brand offerors is providing if the offeror is not the OEM in accordance with VAAR 852.212-71

GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023).

2. Descriptive Literature in accordance with FAR 52.214-21 DESCRIPTIVE LITERATURE

(APR 2002).

3. Standard Form 1449 (page 1), Solicitation/Contract/Order for Commercial Items, with blocks 12, 17, 30a, 30b, and 30c completed by the offeror.

4. Standard Form 1449 (page 2), Complete Contractor POC Information and Acknowledge

Amendments, if applicable.

5. Standard Form 1449 Section B.2 Price/Cost Schedule.

6. Standard Form 1449 Section B.3 Delivery Schedule.

7. Standard Form 1449 continuation pages, Clauses and Provisions completed, if applicable.

a. 852.219-76 VA Notice of Limitations on Subcontracting

8. Offeror’s Representations and Certifications per FAR Provision 52.212-3, as applicable, to include but not limited to:

a. Paragraph (f) Buy American Certificate

b. Paragraph (j) Place of Manufacture

To be deemed responsive and be considered for award, an offeror must quote all items identified in the solicitation and corresponding Statement of Need. Quoters that fail to quote all items will be deemed ineligible for award.

In accordance with FAR 52.204-7 System for Award Management, an Offeror is required to be registered in System for Award Management (SAM) when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

(End of Addendum to 52.212-1)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of Provision)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.214-21 DESCRIPTIVE LITERATURE APR 2002

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

(a) Basis for Award. The Government will make an award to the responsible Lowest Priced Technically

Acceptable (LPTA) quoter whose quotation meets the technical requirements as outlined in the solicitation and is the lowest priced. The following factors shall be used to evaluate quotations:

(1) Technical Specifications as outlined in the Statement of Need (SON)

(2) Price https://ww.sam.gov/

(b) Evaluation Approach. The Government will perform an evaluation of the factors identified above to determine which offeror provides the Lowest Price Technically Acceptable (LPTA) for the requested supplies. Quotes will be listed by price, from lowest to highest, and starting with the lowest price offer, reviewed for responsiveness and evaluated for technical acceptability. If the lowest price offer is deemed responsive and technically acceptable, evaluations will cease, and all remaining offerors will not be reviewed for responsiveness or evaluated for technical acceptability. Technical acceptability will be evaluated on a pass/fail basis for adherence to technical requirements as defined by the Statement of Need.

End of Document