36C24523Q0684 RFQ.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

36C24523Q0684 06-27-2023

Stephanie Henderson 07-06-2023

1PM EDT

Department of Veterans Affairs

Martinsburg VAMC

Contract Office

510 Butler Ave

Martinsburg WV 25405

X

339115

1000 Employees

N/A

X warehouse

Contract Office

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment

Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

This solicitation is issued for the purchase and delivery of new surgical optometry microscope equipment to be destination delivered within 60 days after contract award to

Martinsburg VAMC.

Reference page 4-7 sow technical/delivery requirements.

Reference page 7-13 0001-0010 line items product description, part number, qty, Reference page 13-17 0001-0010 Line items delivery date and delivery location.

Service POC: TBD

Reference page 6-7 and 45-46 for evaluation factors.

The only POC for this solicitation is Stephanie Henderson.

See CONTINUATION Page

X X

36C24523Q0684

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

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

C.2 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

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

C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.5 52.247-34 F.O.B. DESTINATION (NOV 1991)

C.6 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.7 52.211-8 TIME OF DELIVERY (JUN 1997)

C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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 36C245

Martinsburg VAMC

Contract Office

510 Butler Ave

Martinsburg WV 25405

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 acceptable warehouse receiving report & proper invoice

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

SOW- Surgical Optometry Microscope

Scope

Optometry Service requires delivery of (1) new surgical optometry microscope complete equipment system shall include all license, mobile carts, interface operation, objective lens, cables, power cord, batteries, lights, rotatable/folding tubes, multiple lighting lamps, assistant license, image chip, all required data connections, eye piece, lens, and scope, external Mini

HDD , high definition camera, to be fully operational and delivered within 60 day destination to

Martinsburg VAMC for veteran patient multiple eye disease surgery procedures.

PLACE OF PERFORMANCE

Martinsburg VAMC 510 Butler Ave Martinsburg WV 25405

CONTRACT TYPE-

Firm Fixed Price Contract

PERIOD OF PERFORMANCE

60 day destination delivery.

MICROSCOPE TECHNICAL REQUIREMENTS CARL ZEISS OPMI LUMERA BRAND NAME

OR EQUAL

Requires new complete equipment with multiple/combination light source/ depth of field system to accommodate each eye surgeon lighting needs with at least two aspheric lenses with high light transmission, blue blocking, fiber optics, red reflex, inverter tube, brightness, brilliance, halogen like light as well as whiter more natural high contrast hospital equipment so patient eye is visible to each eye surgeon and assistant microscope.

Requires Ergonomic design and foot pedal for optometry staff and assistant staff use.

Requires fully stereoscopic with stand and locking wheels.

New equipment requires maximum up to date optical quality, sharpness, and clarity to ensure better sharpness for eye exams/surgeries for Veteran patients.

Minimum 60D lens to at least 128D lens and magnification for detailed retina view during patient surgical procedures.

Software name and required licenses

Required data connections, cart, cords, hard drive, chips, lens, and lights to operate equipment for complex eye surgery needs.

Minimum 1 year warranty.

Manufacturer TAA Complaint

Requires 60 days destination delivery.

Minimum 2 equipment manuals

Line items Brand name or equal

Item Number QTY Description Part number

0001 1 ANTERIOR OPMI LUMERA 700 SYSTEM Brand name or equal

0002 1 XENON SUPERLUX EYE OPMI LUMERA 700

SYSTEM or equal

0003 1 WIRELESS FOOT CONTROL PANEL OPMI

LUMERA 700 SYSTEM or equal

0004 1 3M CABLE FOR FCP OPMI LUMERA 700

0005 1 OBJECTIVE LENS F=175MM OPMI LUMERA 700

0006 1 FOLDABLE TUBE OPMI LUMERA 700 SYSTEM or equal

0007 1 10X EYE PIECES OPMI LUMERA 700 SYSTEM or equal

0008 1 ASSISTANT SCOPE W/ MAN.MC OPMI LUMERA

700 SYSTEM or equal

0009 1 45 INCLINED TUBE (ASSISTANT) OPMI LUMERA

0010 1 10X EYE PIECES (ASSISTANT) OPMI LUMERA

0011 1 INT. DATA CONNECTION ECTION SYSTEM OPMI

0012 1 INT. 1-CHIP HD CAMERA OPMI LUMERA 700

0013 1 EXTERNAL COMPATIABLE MINI HDD USB AT

LEAST 1TB or equal

0014 1 CALLISTO EYE P2, SW 3.7.1 OPMI LUMERA 700

0015 1 ASSISTANCE MARERLESS LICENSE OPMI

0016 1 CALLISTO EYE ON FLOOR STAND or equal

0017 1 BASIC ASEPSIS SET OPMI LUMERA 700

0018 1 SET OF CABLE BINDERS

0019 1 Compatible operating software

0020 1 INTERFACE LICENSE TO INSTRUMENT MOST

UPDATED or equal

0021 1 EXTENDED VIDEO SITE LICENSE (V3) (1X PER

ARCHIVE) or equal

Section L

Vendor to respond to RFQ by posted close date/time via email in following document formats such as pdf/xls format as indicated below. All quotes shall be submitted to

Stephanie.henderson3@va.gov.

There is no question period for this requirement.

Section M

Evaluation factors:

Technical Factor (1) PDF format- Vendor to provide acknowledge and certify/shows product offered meets minimum technical SOW/technical requirements, provide product specification sheets, provide warranty literature, provide manufacturer name, manufacturer part number, provide model number, provide dated year 2023 manufacturer authorization to distribute letter, provide place of manufacturer, included self-certification of 60 days delivery/completion.

Acceptable quote meets vendor acknowledged and showed product offered meets minimum technical SOW/technical requirements, provided product specification sheets, provided warranty literature, provided software name, provided manufacturer name, provided manufacturer part number, provided model number, provided dated year 2023 manufacturer authorization to distribute letter, provided place of manufacturer, provided self-certification of 60 days delivery/completion.

Unacceptable/non-responsive quote: Quoted product does not meet minimum technical requirements. Vendor did not acknowledge and agree to SOW/technical requirements of product, did not provide product specification sheets, did not provide warranty literature, did not provide manufacturer name, did not provide manufacturer part number, did not provide model number, did not provide warranty document, did not self-certify completion date delivery, or did not provide manufacturer authorization to distribute letter. Missing or incomplete quote package/responses will be considered non-responsive.

mailto:Stephanie.henderson3@va.gov

Implementation Plan (2) PDF format(1):

Vendor to provide key point of contact list of subcontractors for implementation and provide 2 past contract references that met a 60 day delivery with similar contract awarded with in the last

2 years.

Acceptable Quote: Vendor provides required key point contacts subcontractor list and provide 2 contract acceptable references delivered within the last 2 years.

Unacceptable/ non-responsive quote: Vendor does not acknowledge nor provide any key point of contacts for subcontractors, did not provide/acknowledge past delivery requirement, or unacceptable past references. Missing or incomplete quote package/responses will be considered non-responsive.

Price (3) vendor letterhead (1)PDF and xls (1)filled in formats :

Acceptable Quote: Vendor meets minimum technical requirements, past performance, implementation plan, and is the lowest price.

Unacceptable/ non-responsive quote: Vendor does not meet technical, implementation plan, and is not the lowest price. Missing or incomplete quote package/responses will be considered non-responsive.

Award will be made to the lowest priced quote that is technically and implementation acceptable. The Government will determine technical acceptability after receipt of offers. The

Government intends to evaluate quotes based on total evaluated price of the unit prices provided and award without discussion. Therefore, the vendor’s initial quote should contain the vendor’s best terms from a price standpoint.

This requirement will be IAW “Brand Name or Equal” product descriptions, which requires that the Respondent indicate each product that is being offered as an “equal” product to the illustrative Carl Zeiss Surgical Microscope Brands of OPMI LUMERA where applicable. For each equal product, the Respondent must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the “Brand Name or Equal” product requirements. The Respondent must also clearly identify the item by brand name (if any) and make/model number. Finally, the Respondent must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information for the Planners consideration, and clearly describe any modifications it plans to make to a product to make it conform to the “or equal” product requirements.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 EA ________________

ANTERIOR OPMI LUMERA 700 SYSTEM Brand name or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-01PL7ANT

LOCAL STOCK NUMBER: 000000-2306-382-01PL7ANT

XENON SUPERLUX EYE OPMI LUMERA 700 SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-10SCIXEN

LOCAL STOCK NUMBER: 000000-2306-382-10SCIXEN

WIRELESS FOOT CONTROL PANEL OPMI LUMERA 700

SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-10FCPWLS

LOCAL STOCK NUMBER: 000000-2306-382-10FCPWLS

3M CABLE FOR FCP OPMI LUMERA 700 SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-10FCPC3M

LOCAL STOCK NUMBER: 000000-2306-382-10FCPC3M

OBJECTIVE LENS F=175MM OPMI LUMERA 700 SYSTEM

or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 00000-2306-382-

90o175mm LOCAL STOCK NUMBER: 00000-2306-382-90o175mm

FOLDABLE TUBE OPMI LUMERA 700 SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-90tfolds LOCAL STOCK NUMBER: 000000-2306-382-90tfolds

10X EYE PIECES OPMI LUMERA 700 SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-90EO10XM

LOCAL STOCK NUMBER: 000000-2306-382-90EO10XM

ASSISTANT SCOPE W/ MAN.MC OPMI LUMERA 700

SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-20ASIWMC

LOCAL STOCK NUMBER: 000000-2306-382-20ASIWMC

45 INCLINED TUBE (ASSISTANT) OPMI LUMERA 700

SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-90T45ICA

LOCAL STOCK NUMBER: 000000-2306-382-90T45ICA

10X EYE PIECES (ASSISTANT) OPMI LUMERA 700

SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-90EP10XA

LOCAL STOCK NUMBER: 000000-2306-382-90EP10XA

INT. DATA CONNECTION ECTION SYSTEM OPMI LUMERA

700 SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-30IDISYS

LOCAL STOCK NUMBER: 000000-2306-382-30IDISYS

INT. 1-CHIP HD CAMERA OPMI LUMERA 700 SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-40PHD1CH

LOCAL STOCK NUMBER: 000000-2306-382-40PHD1CH

EXTERNAL COMPATIABLE MINI HDD USB AT LEAST 1TB

or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-40USB1TB

LOCAL STOCK NUMBER: 000000-2306-382-40USB1TB

CALLISTO EYE P2, SW 3.7.1 OPMI LUMERA 700 SYSTEM

or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-50CV371B

LOCAL STOCK NUMBER: 000000-2306-382-50CV371B

ASSISTANCE MARERLESS LICENSE OPMI LUMERA 700

SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-50CLICML

LOCAL STOCK NUMBER: 000000-2306-382-50CLICML

CALLISTO EYE ON FLOOR STAND or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-50CEONFS

LOCAL STOCK NUMBER: 000000-2306-382-50CEONFS

BASIC ASEPSIS SET OPMI LUMERA 700 SYSTEM or equal PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-60ACBSET

LOCAL STOCK NUMBER: 000000-2306-382-60ACBSET

SET OF CABLE BINDERS

PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2306-

382-60CABSET

LOCAL STOCK NUMBER: 000000-2306-382-60CABSET

6.00 EA ________________

Compatiable operating software PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 266002-1150-

8??3

LOCAL STOCK NUMBER: 266002-1150-8??3

INTERFACE LICENSE TO INSTRUMENT MOST UPDATED

PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2244-

886-40FCZDIC

LOCAL STOCK NUMBER: 000000-2244-886-40FCZDIC

EXTENDED VIDEO SITE LICENSE (V3) (1X PER ARCHIVE)

PRINCIPAL NAICS CODE: 339115 - Ophthalmic Goods Manufacturing PRODUCT/SERVICE CODE: 6540 - Ophthalmic Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): 000000-2244-

886-30FEVSL3

LOCAL STOCK NUMBER: 000000-2244-886-30FEVSL3

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Martinsburg VAMC Warehouse

1.00 60 days Destination

510 Butler Ave Martinsburg, WV 25405

USA

MARK

FOR:

TBD

0002 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0003 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0004 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0005 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0006 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0007 SHIP TO: Martinsburg VAMC 1.00 60 days

Warehouse 510 Butler Ave

MARK

FOR:

TBD

0008 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0009 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0010 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0011 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0012 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

0013 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0014 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0015 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0016 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0017 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0018 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK TBD

FOR:

0019 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

6.00 60 days

MARK

FOR:

TBD

0020 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

FOR:

TBD

0021 SHIP TO: Martinsburg VAMC Warehouse 510 Butler Ave

MARK

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 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)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

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)

C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

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

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

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

OEM. 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.5 52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means—

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading

(including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

C.6 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting

Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

C.7 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT

0001-0010 60 days

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the

Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.)

(End of Clause)

C.8 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)

C.9 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/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS

OCT 2019

852.215-71 EVALUATION FACTOR COMMITMENTS OCT 2019

852.246-71 REJECTED GOODS OCT 2018

(End of Addendum to 52.212-4)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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:

[] (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. 4655).

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

3509).

[] (3)…