36C24426Q0372.pdf

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

36C24426Q0372 03-06-2026

Stephanie McFadden 717-222-0417 03-17-2026

1:00PM EDT

36c244 Department of Veterans Affairs Network Contracting Office 4

1010 Delafield Road Pittsburgh PA 15215 stephanie.mcfadden@va.gov

X

812332

$47 Million

N/A

X

36C693

Department of Veterans Affairs

Wilkes Barre VA Medical Center 1111 East End Blvd.

Wilkes Barre PA 18711

36C244

Department of Veterans Affairs Network Contracting Office 4

1010 Delafield Road Pittsburgh PA 15215

Refer to VAAR 852.232-72 Electronic Submission of Payment Request https://www.fsc.va.gov/fsc/einvoice.asp

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

This solicitation is for a five-year IDIQ Contract in support of Uniform Rental/Repair/Laundering services at the Wilkes Barre VA Medical Center.

Anticipated Period of Performance: 03/24/2026 - 03/23/2031

All services provided under this contract will be initiated by a fully funded Task Order award.

Questions are due NLT 1:00PM, ET, 03/11/2026 via email only.

Responses are due NLT 1:00PM, ET, 03/17/2026 via email only.

Phone calls shall not be permitted.

Service Contract Labor Standards Act applies. Wage Determination No. 2015-4239, Rev. 31, dated 12/03/2025, Luzerne County, is incorporated by reference and the attached Wage Determination shall apply.

The Contractor is responsible for selecting the correct work classification code for wage determination.

See CONTINUATION Page

36C24426Q0372

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

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 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

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

1998)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 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: CONTRACTOR PLEASE COMPLETE

b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4

1010 Delafield Road Pittsburgh PA 15215

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 receipt 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.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

1. Purpose

1.1 The Wilkes Barre VA Medical Center, located at 1111 East End Blvd., Wilkes Barre, PA 18711, is seeking a firm fixed price contract for uniform rental/alterations/laundering. It is anticipated that the services will cover a five-year period utilizing an indefinite delivery indefinite quantity contract.

2. Scope of Work

2.1 The contractor shall provide full-service uniform rental services meeting the specifications shown in the contract documents. The contractor shall pick up soiled uniforms and drop off clean laundered uniforms twice per week Monday through Friday between 7:00 AM and 3:00 PM, ET, excluding federal holidays.

2.2 Initial Measurement: One (1) week prior to the time of measurement, the Contractor shall provide with the highest possible degree of similarity, samples of the various uniform style options listed herein for the respective departments/divisions. The Contractor shall arrange to measure all employees within two (2) weeks of award.

WBVAMC staff will be fitted with care to ensure proper sizing and professional appearance. Any shrinking factors should be considered when sizing.

2.3 Contractor shall provide services to launder, pick up and deliver uniforms throughout the contract period. WBVAMC employees will have the option to have the contractor wash and return their uniforms for the life of the contract.

2.4 Increase/Decrease in Size: In the event of employee size changes due to increase or decrease in weight or height, the Contractor will make the necessary size adjustments and/or provide new uniforms at no additional cost to WBVAMC.

2.5 Extra Large Sizes: There shall be no additional cost for oversized or plus sized uniforms.

2.6 Long Sizes: Items must be available in “long” (tall) sizes at no additional cost.

2.7 Petite and short sizes: Must be provided upon request at no additional cost.

2.8 Patches: Contractor must be able to provide and install either embroidered or sublimation type patches per each service line’s request. Contractor must be able to provide an American flag patch per each service line’s request. All short and long sleeve shirts, upon request, will have a patch affixed to the left chest area. Flags, upon request, will be rear facing on the right shoulder. All artwork must be pre-approved by WBVAMC.

2.9 The Contractor shall supply facilities management (FMS) 56 employees with a locker for uniform storage. Locker shall be approximately 6.5 inches wide by 36 inches tall.

2.10 The Contractor shall supply a soiled garment bins for employees to drop off their soiled uniforms. Locations for each service line to be determined.

2.11 The Contractor shall pick up soiled uniforms and drop off clean laundered uniforms twice per week on mutually agreed upon days, Monday through Friday between 7:00 AM and 3:00 PM, ET, excluding Federal holidays.

2.12 All uniforms must be new and unused for the duration of the contract. The

Contractor must maintain the uniforms in an acceptable condition throughout the term of the contract. Determination of “acceptable condition” of the uniform’s rests solely with the WBVAMC COR and will be unconditionally accepted by the Contractor.

2.13 The appearance of the uniforms reflects on WBVAMC and the Contractor. Uniforms shall be clean, pressed, well mended, and professionally altered (hemming, etc.)

when necessary, at no additional cost to WBVAMC. Uniforms determined not to be in good condition by the contract administrator or department contact will be returned to the Contractor and will be removed from the invoice until replaced or altered to an acceptable condition.

2.14 Repair tags shall be provided throughout the life of the contract. Any uniform tagged for repairs will be returned to WBVAMC in a repaired condition or will be replaced within one (1) week at no additional cost to WBVAMC. Repairing uniforms with patches will not be acceptable. Uniforms delivered with rips, holes, missing buttons, etc. will be sent back and no rental charge will be paid for that item until it is returned in an acceptable condition.

2.15 The average life of a uniform is approximately two (2) years. All uniforms are to be replaced at no cost to the government when the condition does not meet the “acceptable condition” criteria.

2.16 Multiple task orders may be issued for each ordering period.

2.17 Contractor employees shall be required to wear Government ID badge while on premises. Instructions shall be provided for how to obtain Government ID badge.

3. Invoicing

3.1 When employees are not active due to extended illness, workman’s compensation, etc., VA will notify Contractor and there will be cessation of charges for that employee’s uniforms. VA will notify Contractor when delivery is to continue for that employee.

3.2 The VA will not be responsible for environmental/manufacturing charges.

3.3 Invoices shall be itemized per employee and submitted monthly.

3.4 Invoicing for an employee will not commence until a full uniform complement is issued.

4. Uniform Inventory

4.1 Each person receiving clothing in the EVS/NFS/SCM dept will have a full set of uniforms as follows:

EVS/NFS-7 tops 7 bottoms, SCM- 7 tops and bottoms plus jackets, FMS 11 tops and bottoms. Initial delivery of uniforms will consist of the complete order issue as described herein.

4.2 Each person receiving clothing in the FMS dept. Will have eleven (11) pairs of uniforms. Initial delivery of uniforms will consist of the complete order issue as described herein.

4.3 New Orders/Change Orders: Requests for new staff uniforms/items, size changes, lost or destroyed uniforms, stained uniforms, or other situations requiring a new issue of uniforms shall be filled within two (2) weeks of notification by the VA.

4.4 Contractor shall provide the VA with uniform shirts and pants in each available size to be used for measuring new employees at no cost the VA. This should be based off the needs of each service, and by using the same type of fabric that will be worn by each service.

5. Uniform Details

5.1. Specifications: Brand name references made to items identified by trade name are intended to show kind and quality of products desired and are not intended to be restrictive or limit competition. The use of brand name or manufacturer’s catalog references shall be construed as quality level, method and type of performance and does not indicate that the item cited is mandatory. Products substantially equivalent to those designated qualify for consideration.

5.2. Appendix A, B, C, and D provide specifics of the uniforms required by the service line to include descriptions, estimated quantities, colors, and styles. One unit = one employee per month.

6. Delivery and Pick up

6.1. Delivery shall be made to the FMS and Laundry Departments, Building 1 and EG-38 as follows:

Wilkes Barre VA Medical Center 1111 East End Blvd.

Wilkes Barre, PA 18711

7. Anticipated period of performance

Year 1: 03/24/2026 through 03/23/2027 Year 2: 03/24/2027 through 03/23/2028 Year 3: 03/24/2028 through 03/23/2029 Year 4: 03/24/2029 through 03/23/2030 Year 5: 03/24/2030 through 03/23/2031

Appendix A Environmental Management Services

Maximum Allowable Employees – 80 (One unit = one employee per month.)

Women’s Button-Down Collar Poplin Shirts - Wine

• Left chest pocket with wood tone buttons.

• Relaxed fit stain and wrinkle resistant.

• Moisture wicking. 65/35 poly/cotton poplin.

Women’s Flat-Front Microfiber Dress Pants - Tan

• Includes soil-releasing and moisture-wicking technologies, plus a hidden stretch waistband for additional comfort.

• Hook/bar closure with nylon zipper.

• Two front and back pockets. 6.7 oz. 100% microfiber.

Flat-Front Microfiber Dress Pants – Tan

• Includes soil-releasing and moisture-wicking technologies, plus a hidden stretch waistband for additional comfort.

• Hook/bar closure with nylon zipper.

• Two front and back pockets. 6.7 oz. 100% microfiber.

Button-Down Collar Poplin Shirts – Wine

• Stain- and wrinkle-resistant fabric that is also moisture-wicking.

• Left chest pocket, wood tone buttons.

• 65/35 poly/cotton poplin.

Unisport Micro Piqué Polos – Men’s or Women’s - Black

• Pocketless polo shirt - black

• Moisture wicking management technology

• 3.8 oz. snag-resistant spun polyester warp knit fabric.

Button-Down Collar Poplin Shirts - Black

• Stain- and wrinkle-resistant fabric that is also moisture-wicking.

• Left chest pocket, wood tone buttons.

• 65/35 poly/cotton poplin.

MIMIX Cargo Pants-Men’s - Tan

• Color-matched stretch panels maximize mobility and improve comfort.

• Straight-fit design provides a clean, modern, and professional appearance.

• Dual cargo pockets and Jean-style waistband with melamine button closure.

• 7.5 oz. 65/35 poly/cotton twill.

Women’s Cargo Pants - Tan

• Classic cut women's cargo pants sit just below the natural waistline for a comfortable fit.

• Two cargo pockets (with flaps sewn at corners), two front pockets and a set-in back pocket.

• 7.5 oz. 65/35 poly/cotton twill.

Women’s WonderWink INDY™ V-Neck Scrub Tops - Black

• Wrinkle-resistant, stretch fabric for added mobility and comfort. Fashionable, durable stitching throughout.

• Signature triple right-hip pocket.

• Two lower pockets with notched corners to reduce lint collection.

• Vented bottom hems. 100% polyester.

Appendix B Nutrition and Food Service

Maximum Allowable Employees – 45 (One unit = one employee per month.)

Men’s UniSport Micro Piqué Polos

• Pocketless polo shirt royal blue, red, and black

• 3.8 oz. snag-resistant spun polyester warp knit fabric

Women’s UniSport Micro Piqué Polos

• UniSport pocketless polo shirt

• Pocketless polo shirt royal blue, red, and black

• 3.8 oz. snag-resistant spun polyester warp knit fabric

Women’s WonderWink INDY Utility Cargo Scrub Pants-Women’s

• Cargo scrub pants are cut closer to the body for a more flattering and fashionable contoured fit. Wrinkle-resistant, stretch fabric for added mobility and comfort

• Full elastic waist with drawstring. Two front pockets, one back pocket, one right-leg cargo pocket.

• Vented bottom hems. 100% polyester

• Black

WonderWink INDY Unisex Utility Cargo Scrub Pants-Women’s & Men’s

• Unisex cargo scrub pants are roomy and relaxed, with a drawstring waist and elastic back, making them ideal for men and women of all body types

• Wrinkle-resistant, stretch fabric for added mobility and comfort

• Two front slash pockets, one cargo pocket, one back pocket, and durable stitching throughout. 100% polyester

MIMIX Cargo Pants-Men’s

• Color-matched stretch panels maximize mobility and improve comfort

• Straight-fit design provides a clean, modern, and professional appearance

• Dual cargo pockets and Jean-style waistband with melamine button closure

• 7.5 oz. 65/35 poly/cotton twill

WonderWink INDY™ Unisex Utility Cargo Scrub Pants

• Unisex cargo scrub pants are roomy and relaxed, with a drawstring waist and elastic back, making them ideal for men and women of all body types

• Wrinkle-resistant, stretch fabric for added mobility and comfort

• Two front slash pockets, one cargo pocket, one back pocket, and durable stitching throughout. 100% polyester

Baggy Chef Pants - Men’s

• Drawstring elastic waist. Brass zipper. Two front and two back pockets. 100% spun polyester twill

Cargo Chef Pants – Men’s/Women’s

• Full-cut, hemmed pants feature one towel loop at the waist and one towel loop at the back

• One mitered back pocket, two front pockets, and two lower mitered cargo pockets

• 65/35 poly/cotton

MIMIX Oil Blok 10-Button Chef Coats - Men’s

• Mesh stretch panels on the back add mobility and breathability

• Lightweight ripstop fabric engineered with Oil Blok technology repels cooking oils to keep coats stain free

• Button-down front with chest pocket

• Left sleeve pocket keeps thermometer close at hand

• 4.25 oz. 65/35 poly/cotton ripstop

Women’s MIMIX Oil Blok 10-Button Chef Coats

• Mesh stretch panels on the back add mobility and breathability

• Lightweight ripstop fabric engineered with Oil Blok technology repels cooking oils to keep coats stain free

• Button-down front with chest pocket

• Left sleeve pocket keeps thermometer close at hand

• 4.25 oz. 65/35 poly/cotton ripstop

Appendix C Supply Chain Management

Maximum Allowable Employees – 23 (One unit = one employee per month.)

Navy Charcoal and Tan Cargo Pants – Men’s and Women’s

• Fabric - 7.5 oz. Twill

• Blend - 65% Polyester / 35% Cotton

• Closure - Heavy-duty brass ratcheting zipper, button closure

• Pocket - Two slack-style front pockets, two set-in hip pockets, left has button closure, darts over hip pockets, two patch leg pockets with inverted center pleat, one-piece pocket flap with mitered corners, two concealed snap closures

• Finish - Wrinkle Resistant

• Care Instructions - Machine Wash Warm. Do Not Bleach. Tumble Dry Medium. Iron

Medium Heat. Do Not Dry Clean

• Product Features - Touchtex Pro Technology provides breathable comfort, lasting colors, and stain resistance with an even softer feel

• TruBlack Fabric resists fading wash after wash

• Requires minimum ironing thanks to a wrinkle-resistant finish

• Synthetic blend pocketing and waistband trim Industrial laundry friendly

Grey and Fir Green Performance Knit Polo - Unisex

• Fabric - 5.3 oz. Performance Knit

• Blend - 100% Polyester

• Closure - Three button placket

• Pocket - Double pencil pocket stall on left sleeve

• Care Instructions Machine Wash Warm. Do Not Bleach. Tumble Dry Low. Iron Low Heat.

Do Not Dry Clean

Product Features Snag and wrinkle resistant fabric keeps you looking polished and professional

Superior Wicki Bility keeps you cool and dry Straight Hem looks professional whether tucked in or left out Industrial laundry friendly.

Grey 6 Button Down Short/Long Sleeve Work Shirt – Unisex

• Fabric - 4.25 oz. Poplin

• Blend - 65% Polyester / 35% Cotton

• Closure - Six buttons plus gripper at neck

• Pocket

• Two button-thru, hex-style pockets with angled bar tacks, bar tacked pencil stall on left pocket

• Finish - Wrinkle Resistant

• Care Instructions - Machine Wash Warm. Do Not Bleach. Tumble Dry Medium. Iron

Medium Heat. Do Not Dry Clean

• Product Features - A left pocket pencil stall keeps you organized and ready for action

Touchtex Technology provides breathable comfort, lasting colors and stain resistance Requires minimum ironing thanks to a wrinkle-resistant finish Separate two-piece yoke Industrial laundry friendly

Scrub Tuckable Top – Men’s – Caribbean Blue

• 95% Polyester, 5% Spandex Poplin

• Men's Modern Fit

• Chest pocket and zippered pocket

• Rib-knit neckband

• Rib-knit back panel

• Side vents

• Tuckable top

• Infinity Collection

Scrub Pants – Men’s - Black

• 95% Polyester, 5% Spandex Poplin

• Men's Modern Fit

• 6 pockets: front pockets, back pocket, and 3 cargo pockets

• Zip fly front

• Back elastic waistband

• Knee seams

• Tapered leg, 18"

Scrub Jacket – Men’s - Black

• 86% Nylon, 14% Spandex Knit

• Men's Modern Fit

• Zip front

• 4 pockets: welt pocket, chest pocket, and a hidden pocket

• Backside panels

• Cuffs and banded bottom

• Stylized seams

• Cherokee Form

Scrub top – Women’s - Caribbean Blue

• Women's Contemporary Fit

• 2 patch pockets, 1 interior pocket

• Rib-knit inset at the neckline

• Rib-knit back panel

• Side vents

Scrub Pant - Women’s Tall size - Black

• 95% Polyester, 5% Spandex

• Women's Contemporary Fit

• Drawstring Waist

• 4 pockets: front angled pockets, back pocket, and cargo pocket

• Straight leg, opening 18"

• 4-way stretch fabric

• Antimicrobial, moisture-wicking fabric

Lab Coat – Women’s - Black

• 95% Polyester / 5% Spandex Poplin

• Women's Contemporary Fit

• Button front

• 2 pockets: welt pockets

• Peek-a-boo detail

• Shirttail hem

Tuckable Scrub Top – Women’s - Caribbean Blue

• Women's Contemporary Fit

• 1 chest pocket

• Rib-knit inset at neckline

• Rib-knit back

• Shirttail hem

• Side vents

Tapered Scrub Pant – Women’s - Black

• Women's Contemporary Fit

• 6 pockets: front pockets, back pockets, and cargo pockets on both legs

• Rib-knit waistband

• Side vents

• Tapered leg, 14"

Daisy Scrub Jacket - Women’s Black

• 95% Polyester / 5% Spandex Poplin

• Women's Contemporary Fit

• Button front

• 2 pockets: welt pockets

• Peek-a-boo detail

• Shirttail hem

Appendix D Facilities Management Service (FMS)

Maximum Allowable Employees – 55 --Men’s and Women’s (One unit = one employee per month.)

Navy Shirts Long/Short Sleeve Carhartt Product Attributes:

• Made from Glen Guard® “ULTRALIGHT” CAT 2 Protection

• Fade resistant solution dyed fabric

• Button-down banded collar

• Chest pockets with button close flaps, pencil stall left

• Double and triple needle seam construction

• Tailored sleeve placket with button closure and 2 button adjustable cuff

• ATPV: 9.5 CAL/CM²

• ARC Level: 2

• UL® 2112 Certified.

Carhartt Utility Pant Product Attributes:

• Made from Glen Guard® protective fabric

• Fade resistant solution dyed fabric

• Loose Fit Carpenter Style

• Multiple Tool and Utility Pockets

• Double needle seam construction

• Carpenter style utility and tool pockets

ATPV: 10.1 CAL/CM²

ARC Level: 2 UL® 2112 Certified

Carhartt Ripstop Work Shirt

Product Attributes:

• Double needle seam construction

• Industrial strength zippers

• Multi front pockets: 2 patches and 1 vertical zipper

• Back bi-swing with mesh insert

• Fabric: 73% Poly / 27% Cotton, 4.4oz

• Stretch fabric with soil release finishing

Carhartt Rugged Flex Work Pant

Product Attributes:

• Stretch ripstop fabric for strength and range of motion

• “Device ready” hidden zipper side seam pocket

• Reinforced squared hip pockets with tool tab for durability

• Contrast color bartacks indicate functionality & toughness

• Double needle seam construction

• Double ply back pockets

Fabric:

7 ounces Ripstop 45% Stretch polyester/ 35% polyester/

20% cotton

Note: Long Sleeve vs. short sleeves shall be based on individual employee preference. There are 55 total employees.

B.3 PRICE/COST SCHEDULE

This is an Indefinite-Delivery Contract (IDC). Accordingly, all quantities below are estimates and the contractor will only be paid for actual work performed and accepted by VHA. Funds are not obligated on this Contract at award. Funds will be obligated by Task Orders, which can only be placed by a warranted Contracting Officer.

Minimum Value: $58,000.00 Maximum Value: $400,000.00

All Task Orders are subject to the availability of funds clause (FAR 52.232-19)

This is not an Option Year contract. The anticipated POP of this IDC is 03/24/2026 through 03/23/2031.

QUANTITIES AND AMOUNTS IN THE SCHEDULE ARE ESTIMATES. CONTRACTOR SHALL

ONLY BE PAID FOR WORK PERFORMED AND ACCEPTED BY VA.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

80.00 EA _______________

Uniform rental in accordance with the SOW. EMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 1 POP Begin: 03-24-2026 POP End: 03-23-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers PRODUCT/SERVICE CODE: S209 - Housekeeping - Laundry/Drycleaning

45.00 EA _______________

Uniform rental in accordance with the SOW. NFS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 1 POP Begin: 03-24-2026 POP End: 03-23-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

23.00 EA _______________

Uniform rental in accordance with the SOW. SCM Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 1 POP Begin: 03-24-2026 POP End: 03-23-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

55.00 EA _______________

Uniform rental in accordance with the SOW. FMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 1 POP Begin: 03-24-2026 POP End: 03-23-2027 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. EMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 2 POP Begin: 03-24-2027 POP End: 03-23-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. NFS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 2 POP Begin: 03-24-2027 POP End: 03-23-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. SCM Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 2 POP Begin: 03-24-2027 POP End: 03-23-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. FMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 2 POP Begin: 03-24-2027 POP End: 03-23-2028 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. EMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 3 POP Begin: 03-24-2028 POP End: 03-23-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. NFS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 3 POP Begin: 03-24-2028 POP End: 03-23-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. SCM Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 3 POP Begin: 03-24-2028 POP End: 03-23-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. FMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 3 POP Begin: 03-24-2028 POP End: 03-23-2029 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. EMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 4 POP Begin: 03-24-2029 POP End: 03-23-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. NFS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 4 POP Begin: 03-24-2029 POP End: 03-23-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. SCM Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 4 POP Begin: 03-24-2029 POP End: 03-23-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. FMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 4 POP Begin: 03-24-2029 POP End: 03-23-2030 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. EMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 5 POP Begin: 03-24-2030 POP End: 03-23-2031 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. NFS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 5 POP Begin: 03-24-2030 POP End: 03-23-2031 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. SCM Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 5 POP Begin: 03-24-2030 POP End: 03-23-2031 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

Uniform rental in accordance with the SOW. FMS Department.

Unit price is per employee per month. One unit = one employee per month. Estimated quantities for entire ordering period.

Contractor shall invoice and be paid only for quantity of uniforms issued each month.

Ordering Period: Year 5 POP Begin: 03-24-2030 POP End: 03-23-2031 PRINCIPAL NAICS CODE: 812332 - Industrial Launderers

GRAND TOTAL ___________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Wilkes Barre VA Medical Center 1111 East End Blvd.

Wilkes Barre, PA 18711

80.00 05/05/2026 - 05/04/2027

MARK FOR: Robert Care 570-824-3521x24254 robert.care@va.gov

0002 SHIP TO: Wilkes Barre VA Medical Center 1111 East End Blvd.

Wilkes Barre, PA 18711

45.00 05/05/2026 - 05/04/2027

MARK FOR: Robert Care

0003 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

23.00 05/05/2026 - 05/04/2027

MARK FOR: Robert Care

0004 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

55.00 05/05/2026 - 05/04/2027

MARK FOR: Hank Ohop 570 824-3521x7026 henry.ohop@va.gov

1001 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

80.00 05/05/2027- 05/04/2028

MARK FOR: Robert Care mailto:robert.care@va.gov

1002 SHIP TO: Wilkes Barre VA Medical Center 1111 East End Blvd.

Wilkes Barre, PA 18711

45.00 05/05/2027- 05/04/2028

MARK FOR: Robert Care

1003 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

23.00 05/05/2027- 05/04/2028

MARK FOR: Robert Care

1004 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

55.00 05/05/2027- 05/04/2028

MARK FOR: Hank Ohop

2001 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

80.00 05/05/2028- 05/04/2029

MARK FOR: Robert Care

2002 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

45.00 05/05/2028- 05/04/2029

MARK FOR: Robert Care

2003 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

23.00 05/05/2028- 05/04/2029

MARK FOR: Robert Care

2004 SHIP TO: Wilkes Barre VA Medical Center 1111 East End Blvd.

Wilkes Barre, PA 18711

55.00 05/05/2028- 05/04/2029

MARK FOR: Hank Ohop

3001 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

80.00 05/05/2029- 05/04/2030

MARK FOR: Robert Care

3002 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

45.00 05/05/2029- 05/04/2030

MARK FOR: Robert Care

3003 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

23.00 05/05/2029- 05/04/2030

MARK FOR: Robert Care

3004 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

55.00 05/05/2029- 05/04/2030

MARK FOR: Hank Ohop

4001 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

80.00 05/05/2030- 05/04/2031

MARK FOR: Robert Care

4002 SHIP TO: Wilkes Barre VA Medical Center 1111 East End Blvd.

Wilkes Barre, PA 18711

45.00 05/05/2030- 05/04/2031

MARK FOR: Robert Care

4003 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

23.00 05/05/2030- 05/04/2031

MARK FOR: Robert Care

4004 SHIP TO: Wilkes Barre VA Medical

1111 East End Blvd.

Wilkes Barre, PA 18711

55.00 05/05/2030- 05/04/2031

MARK FOR: Hank Ohop

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.