36C24525Q0384_1.docx

36C24525Q0384

GENERAL INFORMATION

VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

POINT OF CONTACT*

Contracting Officer Theresa Thomas theresa.thomas7@va.gov

PLACE OF PERFORMANCE

Bldg 23H Room GF101

Perry Point MD

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

EMAIL DESCRIPTION

STATEMENT OF WORK

Adaptive Bicycles for Cycling Program Brand Name or Equal

1. Description: The purpose for this procurement is to acquire adaptive bikes to add to the Maryland Adaptive Sports bike fleet.

2. Scope of Work: The fleet additions will allow for more veteran participation with a variety of adaptions to be utilized in the Adaptive Cycling program.

3. Salient Characteristics: The bicycles shall arrive already assembled.

Technical Requirements – Key Features:

· 3 Hase Trigo Nexus 8-Speed’s

· 1 Hase Trigo 24-Speed’s

· 2 Kettwiesel All Round Nexus1 HP

· 1 Velotechnik Gekko FX

· Tandem coupler for tandem set up

· Flags, water bottle holders,

· Platform Pedal systems for pedal adaptions

· Back and neck support adaptions Hase Trigo Nexus 8-Speed (26201) – Qty 1

i. Includes Chain Guard

ii. Total length: 70½"-82" (179-210 cm), w/o front wheel 61" (155 cm)

iii. Total width: 32" (83 cm)

iv. Total height:38"-42" (98.5-106.5 cm)

v. Seat height: 23"-26" (58.5-66.5 cm)

vi. Bottom bracket height: 12½" (32 cm)

vii. Wheelbase: 50"-63" (129-160 cm)

viii. Frame: 6061 aluminum

ix. Fork: aluminum

x. Max. load: 309 lb (140 kg)

xi. Brakes: Promax DSK300 mech. disc brakes, forged aluminum brake levers with locking mechanism

xii. Wheels: 20"

xiii. Tires: Kenda 58-406 mm with reflective sidewalls and puncture protection

xiv. Gear system: Shimano Nexus Inter-8 Premium hub

xv. Crankset: Samox, 155mm, 36T

xvi. Lighting system: none

xvii. Weight: 51 lb (23kg)

xviii. Color: RAL 9005 Jet Black gloss, RAL 3002 Carmine Red gloss / powder-coated Hase Trigo 24-Speed (26100) – Qty 3

i. Includes Chain Guard

ii. Total length: 70½"-82" (179-210 cm), w/o front wheel 61" (155 cm)

iii. Total width: 32" (83 cm)

iv. Total height: 38"-42" (98.5-106.5 cm)

v. Seat height: 23"-26" (58.5-66.5 cm)

vi. Bottom bracket height: 12½" (32 cm)

vii. Wheelbase: 50"-63" (129-160 cm)

viii. Frame: 6061 aluminum

ix. Fork: aluminum

x. Max. load: 309 lb (140 kg)

xi. Wheels: 20"

xii. Brakes: Promax DSK300 mech. disc brakes, forged aluminum brake levers with locking mechanism

xiii. Tires: Kenda 58-406mm with reflective sidewalls and puncture protection

xiv. Gear system: 24-speed; Shimano Altus Mix, development 1.43 m to 7.36 m (equivalent to 7 km/h to 40 km/h)

xv. Crankset: Samox, 155 mm, 50/39/30 T

xvi. Lighting system: none

xvii. Weight: 47.4 lb (21.5 kg)

xviii. Color: RAL 9005 Jet Black gloss, RAL 3002 Carmine Red gloss / powder-coated Kettwiesel All Round Nexus (26053) – Qty 1

i. seat height 34 inch (48 cm)

ii. 8-speed Nexus gear hub, twist shifter

iii. 7005 aluminum frame and fork

iv. stainless-steel DT Swiss spokes - aluminum, double-walled rims black – comfort tires

v. crankset 170 mm 32-tooth - Avid BB7 mechanical disc brakes with parking brake mechanism

vi. SKS fenders matte black

vii. quick-adjust frame - lighting system: headlight: LED rear light B+M Toplight Flat

viii. Plus + Shutter hub dynamo Catrike MAX – Qty 1

i. features a higher and wider seat

ii. sturdy rims

iii. larger diameter

iv. Cross-Member

v. supports up to 425 lbs of rider weight and cargo

vi. Schwalbe 2.0 Big Apple tires

vii. 1x11 SRAM drivetrain

viii. Catrike Assist bars- easy access

ix. Brakes Avid BB7 Disc Brakes

x. Brake Levers Catrike Locking Brake Levers

xi. Front Derailleur N/A

xii. Rear Derailleur SRAM APEX 11-Speed

xiii. Shifters SRAM 500 TT Bar End Shifter

xiv. Crankset FSA Omega Abs 165mm

xv. Bottom Bracket FSA Road MegaExo

xvi. Chainrings FSA 42T

xvii. Chain Guard N/A

xviii. Cassette SRAM 11/42 11 Speed

xix. Chain KMC e11

xx. Idler TerraCycle Sport Power Idler 15T

xxi. Headsets FSA Zero Stack

xxii. Front Tires 406 Schwalbe Big Apple Performance 2.0

xxiii. Rear Tire 406 Schwalbe Big Apple Performance 2.0 Hase work bench (25708) – Qty 1

i. black, made out of Aluminum Pedal Box (26171) – Qty 1

i. can also be used on standard bikes

ii. 2 special pedals with calf support

iii. 2 pedals with hook and straps

iv. 2 pedals with hook and straps for children

v. 2 pedal pendulum

vi. 1 crank shortener

vii. 1 Holder for walking stick

viii. 1 bracket for one-hand operation

ix. 1 lap belt

x. 1 harness system

xi. 1 shoulder pads (right/left)

xii. (tools included) Tandem coupler (25560) – Qty 5

i. tandem setup of two trikes Program Box – Qty 1

ii. Toolbox for programs

iii. bicycle repair parts and tools

4. Installation: The bicycles shall arrive already assembled.

5. Inspection and Acceptance: The COR will inspect the bikes for defects prior to acceptance.

6. Delivery: Delivery of 30-days after receipt of order to: Perry Point MD VA Medical Center, Warehouse for PMRS 23H Bldg, Room GF101, Perry Point, MD. 21902.

7. Contract Type: Firm-Fixed Priced Contract

8. Evaluation Factors:

i. Must meet salient characteristics

ii. Price

iii. Authorization letter to distribute

iv. Must state delivery lead times Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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

36C24525Q0384 03-20-2025 Theresa Thomas 03-27-2025

4PM

EDT

36C245 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 theresa.thomas7@va.gov

X X 336991 1050 Employees N/A X Department of Veterans Affairs VA Maryland Health Care System Perry Point MD VA Medical Center Warehouse for 23H Bldg Room GF101 Perry Point, MD. 21902 36C245 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101 C Room Perry Point MD 21902

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 Request for Quote (RFQ) for the purchase of Six (6) Adaptive Bicycles This solicitation is being created in accordance with FAR 13 for a 30-day ARO supporting the Perry Point MD VA Medical Center Please see pages 4-for detailed information.

Solicitation will close on Thursday 3/27/25 at 4PM EST Please submit bid quotes via:

theresa.thomas7@va.gov

See CONTINUATION Page X X X Contracting Officer Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 Theresa.thomas7@va.gov

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Page 1 of Page 1 of Page 1 of Page 1 of

B.2 STATEMENT OF WORK

Adaptive Bicycles for Cycling Program Brand Name or Equal

1. Description: The purpose for this procurement is to acquire adaptive bikes to add to the Maryland Adaptive Sports bike fleet.

2. Scope of Work: The fleet additions will allow for more veteran participation with a variety of adaptions to be utilized in the Adaptive Cycling program.

3. Salient Characteristics: The bicycles shall arrive already assembled.

Technical Requirements – Key Features:

· 3 Hase Trigo Nexus 8-Speed’s

· 1 Hase Trigo 24-Speed’s

· 2 Kettwiesel All Round Nexus1 HP

· 1 Velotechnik Gekko FX

· Tandem coupler for tandem set up

· Flags, water bottle holders,

· Platform Pedal systems for pedal adaptions

· Back and neck support adaptions Hase Trigo Nexus 8-Speed (26201) – Qty 1

xix. Includes Chain Guard

xx. Total length: 70½"-82" (179-210 cm), w/o front wheel 61" (155 cm)

xxi. Total width: 32" (83 cm)

xxii. Total height:38"-42" (98.5-106.5 cm)

xxiii. Seat height: 23"-26" (58.5-66.5 cm)

xxiv. Bottom bracket height: 12½" (32 cm)

xxv. Wheelbase: 50"-63" (129-160 cm)

xxvi. Frame: 6061 aluminum

xxvii. Fork: aluminum xxviii. Max. load: 309 lb (140 kg)

xxix. Brakes: Promax DSK300 mech. disc brakes, forged aluminum brake levers with locking mechanism

xxx. Wheels: 20"

xxxi. Tires: Kenda 58-406 mm with reflective sidewalls and puncture protection

xxxii. Gear system: Shimano Nexus Inter-8 Premium hub xxxiii. Crankset: Samox, 155mm, 36T

xxxiv. Lighting system: none

xxxv. Weight: 51 lb (23kg)

xxxvi. Color: RAL 9005 Jet Black gloss, RAL 3002 Carmine Red gloss / powder-coated Hase Trigo 24-Speed (26100) – Qty 3

xix. Includes Chain Guard

xx. Total length: 70½"-82" (179-210 cm), w/o front wheel 61" (155 cm)

xxi. Total width: 32" (83 cm)

xxii. Total height: 38"-42" (98.5-106.5 cm)

xxiii. Seat height: 23"-26" (58.5-66.5 cm)

xxiv. Bottom bracket height: 12½" (32 cm)

xxv. Wheelbase: 50"-63" (129-160 cm)

xxvi. Frame: 6061 aluminum

xxvii. Fork: aluminum xxviii. Max. load: 309 lb (140 kg)

xxix. Wheels: 20"

xxx. Brakes: Promax DSK300 mech. disc brakes, forged aluminum brake levers with locking mechanism

xxxi. Tires: Kenda 58-406mm with reflective sidewalls and puncture protection

xxxii. Gear system: 24-speed; Shimano Altus Mix, development 1.43 m to 7.36 m (equivalent to 7 km/h to 40 km/h) xxxiii. Crankset: Samox, 155 mm, 50/39/30 T

xxxiv. Lighting system: none

xxxv. Weight: 47.4 lb (21.5 kg)

xxxvi. Color: RAL 9005 Jet Black gloss, RAL 3002 Carmine Red gloss / powder-coated Kettwiesel All Round Nexus (26053) – Qty 1

ix. seat height 34 inch (48 cm)

x. 8-speed Nexus gear hub, twist shifter

xi. 7005 aluminum frame and fork

xii. stainless-steel DT Swiss spokes - aluminum, double-walled rims black – comfort tires

xiii. crankset 170 mm 32-tooth - Avid BB7 mechanical disc brakes with parking brake mechanism

xiv. SKS fenders matte black

xv. quick-adjust frame - lighting system: headlight: LED rear light B+M Toplight Flat

xvi. Plus + Shutter hub dynamo Catrike MAX – Qty 1

xxiv. features a higher and wider seat

xxv. sturdy rims

xxvi. larger diameter

xxvii. Cross-Member xxviii. supports up to 425 lbs of rider weight and cargo

xxix. Schwalbe 2.0 Big Apple tires

xxx. 1x11 SRAM drivetrain

xxxi. Catrike Assist bars- easy access

xxxii. Brakes Avid BB7 Disc Brakes xxxiii. Brake Levers Catrike Locking Brake Levers

xxxiv. Front Derailleur N/A

xxxv. Rear Derailleur SRAM APEX 11-Speed

xxxvi. Shifters SRAM 500 TT Bar End Shifter xxxvii. Crankset FSA Omega Abs 165mm xxxviii. Bottom Bracket FSA Road MegaExo

xxxix. Chainrings FSA 42T

xl. Chain Guard N/A xli. Cassette SRAM 11/42 11 Speed xlii. Chain KMC e11 xliii. Idler TerraCycle Sport Power Idler 15T xliv. Headsets FSA Zero Stack xlv. Front Tires 406 Schwalbe Big Apple Performance 2.0 xlvi. Rear Tire 406 Schwalbe Big Apple Performance 2.0 Hase work bench (25708) – Qty 1

ii. black, made out of Aluminum Pedal Box (26171) – Qty 1

xiii. can also be used on standard bikes

xiv. 2 special pedals with calf support

xv. 2 pedals with hook and straps

xvi. 2 pedals with hook and straps for children

xvii. 2 pedal pendulum

xviii. 1 crank shortener

xix. 1 Holder for walking stick

xx. 1 bracket for one-hand operation

xxi. 1 lap belt

xxii. 1 harness system

xxiii. 1 shoulder pads (right/left)

xxiv. (tools included) Tandem coupler (25560) – Qty 5

iv. tandem setup of two trikes Program Box – Qty 1

v. Toolbox for programs

vi. bicycle repair parts and tools

4. Installation: The bicycles shall arrive already assembled.

5. Inspection and Acceptance: The COR will inspect the bikes for defects prior to acceptance.

6. Delivery: Delivery of 30-days after receipt of order to: Perry Point MD VA Medical Center, Warehouse for PMRS 23H Bldg, Room GF101, Perry Point, MD. 21902.

7. Contract Type: Firm-Fixed Priced Contract

8. Evaluation Factors:

v. Must meet salient characteristics

vi. Price

vii. Must provide product brochure literature

viii. Authorization letter to distribute

ix. Must complete Buy American Certificate

x. Must state delivery lead times

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

26201 Hase Trigo Nexus 8-Speed

PRINCIPAL NAICS CODE: 336991 - Motorcycle, Bicycle, and Parts Manufacturing PRODUCT/SERVICE CODE: 2340 - Motorcycles, Motor Scooters, and Bicycles

MANUFACTURER PART NUMBER (MPN): 26201

26100 Hase Trigo 24-Speed

MANUFACTURER PART NUMBER (MPN): 26100

Kettwiesel All Round Nexus 8-speed internal hub

Catrike MAX

25708 Hase work bench

MANUFACTURER PART NUMBER (MPN): 25708

26171 Pedal Box

MANUFACTURER PART NUMBER (MPN): 26171

25560 Tandem Coupler

MANUFACTURER PART NUMBER (MPN): 25560

Program Box - Toolbox for programs, bicycle repair parts and tools

MANUFACTURER PART NUMBER (MPN): 25560

Packing Materials

Assembly and Shipping

B.4 DELIVERY SCHEDULE

5th St & Service Dr. Whse Perry Point, MD 21902

US

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) 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 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of ‘‘cost of components’’.

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

Alternate I (OCT 2022). As prescribed in 25.1101(a)(1)(ii) substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of ‘‘domestic end product’’ in paragraph (a): (A) The cost of its components mined, produced, or manufactured in the United States exceeds ___ percent of the cost of all its components. [Contracting officer to insert the percentage.] (End of Clause)

C.3 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022) – MUST COMPLETE

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select ‘‘no’’.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms ‘‘commercially available off-the-shelf (COTS) item,’’ ‘‘critical component,’’ ‘‘domestic end product,’’ ‘‘end product,’’ and ‘‘foreign end product’’ are defined in the clause of this solicitation entitled ‘‘Buy American—Supplies.”

(b) Foreign End Products:

[List as necessary]

(c) Domestic end products containing a critical component:

Line item No.

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of Provision)

C.4 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.5 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.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Perry Point MD VA Medical Center Warehouse for 23H Bldg, Room GF101 Perry Point, MD. 21902 (End of Clause)

C.7 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.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(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 Covered Entities (DEC 2023) (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) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i)…