36C24525Q0863 WinterHaven Tent Rental Package.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

36C24525Q0863 10-06-2025

Theresa Thomas 410-642-2411 x25261 10-14-2025

5PM 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 100

X

532289

$12.5 Million

N/A

X

Department of Veterans Affairs Washington DC VA Medical Center 50 Irving Street NW Washington, DC. 20422

19ACQ

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (19ACQ) P.O. Box 1000, Bldg. 101C Room 3 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 Tent Rental Package and Service for WinterHaven Veterans Event taking place on Saturday, November 1, 2025. Install will be required on Fri.

10/31/25 and de-install will be required on Sun. 11/2/25.

This solicitation is being created in accordance with FAR 13 for a 30-day ARO supporting the Washington DC VA Medical Cntr.

See pages 4-19 for detailed information.

Walk-through set up for Thursday, October 9, 2025, from 10am- 12pm EST. Call David to advise of attendance prior to.

Questions due via email by Fri. 10/10/25 at 5PM EST. Email theresa.thomas7@va.gov

Solicitation will close on Tues. 10/14/25 at 5PM EST. Submit bid quotes: theresa.thomas7@va.gov

See CONTINUATION Page

X X

X 1

Contracting Officer mailto:theresa.thomas7@va.gov http://www.fsc.va.gov/einvoice.asp

36C24525Q0863

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899. (DEVIATION)

(APR 2025)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

E.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: _______________________

b. GOVERNMENT: 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

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] Delivery, Setup, Acceptance, De-install & Invoicing.

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

mailto:Theresa.thomas7@va.gov

B.2 STATEMENT OF WORK

WinterHaven Homeless Veterans Event

1.0 SCOPE

The Veterans Health Administration (VHA) has a requirement for outdoor event tent package for the Washington DC VA Medical Center (DCVAMC) - Winter haven Homeless Stand-down event that meets the VHA high-quality threshold while integrating excellent environmental stewardship.

This requirement includes outdoor event tent package, delivery/installation, and project management.

Event requirements include:

• tables

• table linens (royal blue)

• chairs

• tents

• food warmers

• various heaters (weather dependent)

• garment rolling rack w/ hangers

• lighting

• generators

• related services (set up services - tents, chairs, tables, etc.)

• adjustable barber chairs (VHA will be providing barbers)

• barber tables

• portable restrooms (one regular and one ADA)

• Hand Washing Stations

The contractor shall provide all labor, materials, equipment, transportation, and supervision necessary to satisfy the needs of the DCVAMC Facility.

2.0 PERFORMANCE REQUIREMENTS

The contractor shall provide and be responsible for the technical assistance, development, and generation for final specifications.

All delivery and installation will be required on Friday October 31, 2025. Pick up, clean up, and removal will be required on Sunday November 2, 2025.

Duty hours will be 8:00 am – 4:00 pm. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

The contractor shall:

a. Coordinate and provide project management of all products and services to manage, design, order, ship, deliver, install, break down and pick up tent package with the Program Manager (PM) identified at contract award.

b. Provide plan for Set-up and Pick-Up

Design Contract Tasks/Requirements

a. The contractor is strongly suggested to attend an in-person walk-through (during solicitation) at the Washington DC VA Medical Center (DCVAMC) to review the plans with Program Manager (PM), Interior Designer and End Users and to make necessary revisions (if any). A walk-through will be conducted on Thursday October 9, 2025 from 10am – 12pm. Prior to October 9th you must notify the COR: David Mosley that you will be attending at phone #202-763-5040.

b. During first meeting, the contractor will receive a tour of the event area and staging of tents and equipment. Contractor will explain delivery and set up of tents in accordance with floorplan provided by the PM.

c. The contractor shall be responsible for taking and applying accurate field measurements to ordered product for verification of correct sizing. Auto-Cad drawings may not be accurate finished dimensions and may not be used in place of field measurements. The Contractor shall be liable for any incorrect field measurements leading to incorrect product order.

d. The product must not be placed into production without clearance from the VA PM.

Program Manager (PM) Requirements

a. PM shall be responsible for all communication, requests for information, updates, design changes, notifications, and installation scheduling in writing by email in addition to any phone conferences or in-person meetings.

b. PM shall perform an on-site assessment of products and request replacements of damaged products due to any delivery issues at the time of installation.

c. PM shall perform an on-site review of space and installation plans during site visit and quote submission.

d. PM shall perform on-site visit and assess the area for any encumbrances (loading dock, path of travel, electrical/data need locations, etc.) that would be a potential delay to the project.

e. PM shall be on-site during installation to answer any questions regarding product installation or space/area.

f. PM shall perform on-site walk-through and punch list after installation with lead Installer.

g. PM shall provide final sign-off for completion of installation.

Protection of Property

a. The Contractor shall perform an inspection of the buildings and grounds with the PM prior to commencing work. Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the buildings, grounds, and furnishings. The Contractor shall repair or replace any items related to buildings or grounds damaged accidentally, or on purpose due to actions by the Contractor, utilizing materials of the same quality, size, grade, and color, to match existing work.

b. To ensure that the contractor shall be able to repair or replace any items, components, on the buildings or grounds damaged due to negligence and/or actions taken by the Contractor, the Contractor shall communicate with the PM to resolve all repairs beyond simple surface cleaning.

Concurrence of the PM is required before the Contractor may perform any significant repair work.

In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work.

Delivery

a. In the event there is a delay in delivery, Contractor must notify the assigned PM immediately in writing, preferably via email.

b. Contractor shall provide the PM with scheduled date and time that the delivery truck will be arriving at least 24 hours minimum in advance.

c. Contractor must ensure that the driver of the delivery vehicle has copies of the Bill of Materials/delivery orders and shall not attempt to deliver any items before the scheduled delivery date.

Receive and Unload

a. If the Contractor is unable to complete the assembly and placement of all unloaded items before the end of the workday, the Contractor will be responsible for moving these items to a secure location, until the next available work day. The Contractor will be responsible for moving the items from the overnight storage site to its designated position in the building.

b. The Contractor shall verify and inspect all items. All deficiencies (damage/overage/shortage) shall be brought to the attention of the PM in writing, preferably via email, immediately upon identification.

c. The Contractor shall maintain a complete file of all documents relating to each discrepancy and copies of all Discrepancy Reports shall be forwarded to the PM.

d. Contractor shall repair or coordinate with the PM for replacement of damaged, defective, or missing items.

Assembly and final acceptance

a. Contractor shall be responsible for all safety and security guidelines within the area in which work is being performed, to include securing any contractor- owned tools or equipment, and any on-site storage being utilized.

b. The Contractor shall install all items in accordance with each requirement statement and basic component floorplan, panel plan and electrical plan, designed and provided by the contractor with each task order.

c. Contractor shall uncrate all items received and perform all required assembly in accordance with the manufacturers’ instructions.

d. Contractor shall prevent its personnel from entering any area other than the designated work area.

e. Contractor shall inspect to ensure that the tent package is free of defects, dirt, mold and that the installation is complete and ready for use.

f. The Contractor shall do a final walkthrough with PM and provide a punch list before releasing crew for the day.

Day of Event

a. Contractor shall be responsible for having an employee on-site to turn on any equipment, to include lights, heaters (if necessary), generators, etc.

b. Contractor shall have an employee on five-minute standby in case of any repairs to any equipment.

Break-down and Pickup

a. Contractor shall be responsible for all safety and security guidelines within the area in which work is being performed, to include securing any contractor- owned tools or equipment, and any on-site storage being utilized.

b. The contractor shall break down and haul away all items in accordance with each requirement statement and basic component floorplan, panel plan and electrical plan, designed and provided by the contractor with each task order.

c. Contractor shall prevent its personnel from entering any area other than the designated work area.

Jobsite Cleanliness

a. Contractor will be responsible for the removal and disposal of all trash/debris connected with uncrating and assembling all items installed under this contract.

b. Final Acceptance by the Government will not occur until all installed items have been wiped cleaned and debris/dust connected with installation is removed from the VA site.

c. Recyclable cardboard products shall be disposed of in accordance with applicable statutes, in respective containers. The contractor is responsible for providing trash containers at an offsite facility.

d. The Contractor shall ensure its personnel eat, drink, or smoke only in designated areas.

e. Personal trash (food wrappers, drink containers, etc.) shall be removed from the site by the Contractor.

Warranty Items

a. The warranty of items is to start on the date of acceptance of the products/services by the Government PM.

b. The Contractor agrees to furnish, without cost to the Government, replacement of all parts and material which are found to be defective during the warranty period. The cost of installation and travel of replacement material and parts shall be borne by the Contractor.

Quality Control Plan

The Contractor is responsible for Contract Management and Quality Control. The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the contractor ensures their work complies with the requirement of the contract.

The Contractor shall be responsible for quality control (QC) for all work accomplished during the performance of this contract. Work and documentation produced by the contract personnel may be regularly reviewed by the Program Manager (PM).

3.0 PRODUCT

General

All tents and equipment shall be safe to use and free of defective material which can be hazardous and cause personal injury or damage to equipment or clothing.

Furnishings shall have smooth finishes with no hazardous projections, sharp corners, or detail, which can be hazardous and cause personal injury or damage to clothing.

**See attachment for technical requirements of products and coordinating floor plan.

Requirements of Space

A. Registration/Eligibility & Enrollment Area (Red Area on Floorplan)

a. 1 Tent with back and sidewalls (Tent #1 - Dimensions 20’ x 20’)

b. 4 tables

c. 4 table linens

d. 8 chairs

B. Community Vendors (Blue Area on Floorplan)

a. 1 Tent with back and sidewall (Tent #2 - Dimensions 20’ x 20’) (Homeless Social Work/

HCHV)

i. 4 tables

ii. 4 table linen

iii. 4 chairs

b. 1 Tent with back and sidewall (Tent #3 - Dimensions 10’ x 20’)(MCVET/DC VET Center/Suicide Prevention)

i. 3 tables

ii. 3 table linens

iii. 6 chairs

d. 1 Tent with back and sidewall (Tent #4 - Dimensions 20’ x 20’)(4-SSVF )

i. 4 tables

ii. 4 table linens

iii. 8 chairs

e. 1 Tent with back and sidewall (Tent #5 Dimensions 10’ x 20’)(MOVA/Code of Support/Center for Minority Veterans)

i. 3 tables

ii. 3 table linens

iii. 6 chairs

f. All tents with lighting C. VBA/Treatment & Counseling (Yellow Area on Floorplan)

a. 1 Tent with back and sidewall (Tent #6 - Dimensions 10’ x 20’)(Silver Spring Vet Center)

i. 2 tables

ii. 2 table linens

iii. 4 chairs

b. 1 Tent with back and sidewall (Tent #7 - Dimensions 20’ x 20’) (Transitional Housing)

i. 3 tables

ii. 3 table linens

iii. 6 chairs

c. 2 Tents with back and sidewall (Tent #8A/B one front/one behind) (Dimensions 10’ x’

20’)(VBA)

i. dividers for tents

ii. 4 tables

iii. 4 table linens

iv. 8 chairs

d. All tents with lighting D. Primary Care (Red Area on Floorplan)

a. 1 Tent with back and sidewalls (Tent #9A – Nursing Services) Dimensions: 20’ x 20’)

i. 4 tables

ii. 4 table linens

iii. 8 chairs

b. 1 Tent with back and sidewalls (Tent #9B Screening) - Dimensions 20’ x 60’ (Divided into 3 stations))

i. 10 tables

ii. 10 table linens

iii. 22 chairs

c. 7 ambient lights for smaller rooms

5) Vaccine & Women’s Clinic (Orange Area on Floorplan)

a. 1 Tent with back and sidewalls (Tent #10A - Dimensions: 10’ x 20’) (Vaccine Registration)

i. 2 tables

ii. 2 table linens

iii. 8 chairs

b. 1 Tent with back and sidewalls (Tent #10B - Dimensions: 20’ x 20’ (Vaccine Clinic) Divided into 4 stations)

i. 4 tables

ii. 4 table linens

iii. 8 chairs

c. 1 Tent with back and sidewalls (Tent #10C - Dimensions: 10’ x 60’) (Observation - Divided into 3 stations)

i. 35 chairs

d. 1 Tent with back and sidewalls (Tent #11 - Dimensions: 20’ x 60’) (Women’s Health Clinic)

e. i. 6 tables

ii. 6 table linens

iii. 12 chairs

f. Lighting for all tents

6) Winter Gear: Shoes (Purple Area on Floorplan)

a. 1 Tent with back and sidewalls (Tent #12A- Dimensions: 10’ x 40’ (Boots/Shoes) Must be able to open in back))

b. 8 tables

c. 8 table linen

d. 6 chairs

7) Winter Gear: Coats & Backpacks (Purple Area on Floorplan)

a. 1 Tent with back and sidewalls (Tent #12B - Dimensions: 10’ x 60’ (Must be able to open in back))

b. 15 rolling garment racks

c. 3 tables for accessories

d. 6 tables for backpacks

e. 6 Chairs

g. 2 space heaters minimum

h. 2 ambient lights

i. 1 Tent with back and sidewalls (Tent #13 - Dimensions: 10’ x 10’ (OIT Plum Case)

i. 2 table (OIT Plum Case #2 is located in the Registration tent)

ii. 1 table linen

iii. 2 chairs

j. 1 Tent with back and sidewalls (Tent #14 Dimensions: 10’ x’20’ (3-Legal Services)

i. 3 tables

ii. 3 table linens

iii. 6 chairs

k. 1 Tent with back only (Tent #15 Dimensions: 10’x20’ (Semper -Fi/Serving Together)

i. 2 tables

ii. 2 table linens

iii. 4 chairs

l. 1 Tent with back only (Dimensions 10’ x 10’ (DJ))

i. 2 tables

ii. 2 table linens

iii. 2 chair

m. 1 Tent with back and sidewalls (Tent #16 - Dimensions: 10’ x20’ (Office of the People’s Counsel /American Red Cross/United Health Care)

i. 3 tables

ii. 3 table linens

iii. 6 chairs

8) VA Community Resources (Middle on Floorplan)

a. 1 Tent with back and sidewalls (Tent #17A (Dimensions: 10’ x 20’ (Misc.) KG Properties/OBI

Rapu Resource Solutions/Eden Estates

i. 3 table

ii. 3 table linen

iii. 6 chair

b. 1 Tent with back and sidewalls (Tent #17B Dimensions: 10’ x 20’) (Unity in Community/New Hope 5ive)

i. 2 table

ii. 2 table linen

iii. 4 chair

c. 1 Tent with back and sidewalls (Tent #18 - Dimensions: 10’ x’20’ (VFW/DAV/ Veteran Upward Bound))

i. 3 tables

ii. 3 table linens

iii. 6 chairs

d. 1 Tent with back and sidewalls (Tent #19A - Dimensions: 10’ x 20’ (Dental Clinic) 1 Tent with back and sidewalls (Tent #19B - Dimensions: 10’ x 20’ (Visor C)

i. 2 tables

ii. 2 table linens

iii. 4 chairs

e. 1 Tent with back and sidewalls (Tent #20 - Dimensions: 10’ x’20’ (Toxic Exposure)

i. 1 tables

ii. 1 table linens

iii. 2 chairs

f. 1 Tent with back and sidewalls (Tent #21 Dimensions: 20’ x’20’) (HVRP/D.O.E.S./PCSI/CWT)

i. 4 tables

ii. 4 table linens

iii. 8 chairs

g. 1 Tent with back and sidewalls (Tent #22 - Dimensions: 10’ x’20’ (Social Security Administration)

i. 1 tables

ii. 1 table linens

iii. 2 chairs

All tents with lighting

9) Food & Beverage Area (Fisher House Parking Lot)

a. 1 Tent with back and sidewalls (Tent #23 - Dimensions: 20’ x 60’)(Food Tent)

i. 10 tables

ii. 10 table linens

iii. 50 chairs

iv. lighting in tent

iv. 2 food warmers with trays and heating elements

b. 1 Tent with back and sidewalls (Tent #24 - Dimensions: 20’ x 60’ Capital Food Bank)

i. 5 tables

ii. 5 table linens

iii. 10 chairs

iv. lighting in tent

c. 1 Tent with back and sidewalls (Tent #25 - Dimensions: 10’ x 20’) (Soldiers Angels)

i. 2 tables

ii. 2 table linens

iii. 4 chairs

d. 1 Tent with back and sidewall (Tent #26 - Dimensions 10’ x 20’)(National Cemetery)

i. 2 tables

ii. 2 table linens

iii. 4 chairs

e. 1 Tent with back and sidewall (Tent #27 - Dimensions 10’ x 20’)(Infectious Disease)

i. 2 tables

ii. 2 table linens

iii. 4 chairs

f. 1 Tent with back and sidewall (Tent #28 - Dimensions 10’ x 20’)(WMATA)

i. 2 tables

ii. 2 table linens

iii. 4 chairs

10) Miscellaneous

a. Electric Generators (2 minimum)

b. Extension cords (to coordinate with each tent)

c. Any additional electrical/ mechanical equipment (to fulfill event requirements)

d. 2 Portable restrooms

e. 2 Handwashing stations

f. 4 Adjustable Barber chairs

g. 4 Barber tables

4.0 Contract Type: Firm-Fixed Priced Contract

5.0 Evaluation Factors: Must provide Brochure Images of quoted Tables, Tents, Linens, Chairs, Barber Chairs; Price; CPARs evaluations; Must state business Country of Origin.

WINTERHAVEN VETERANS HOMELESS EVENT

Site Visit Instructions

Solicitation: 36C24525Q0863

A site visit will be conducted for Solicitation 36C24525Q0863 (WinterHaven Veterans Homeless Event) on Thursday, October 9, 2025, from 10AM to 12PM EST. The site visit will be conducted at the Washington DC VAMC located at 50 Irving Street NW Washington, DC. 20422.

All contractors should plan to arrive early in order to allow for time to find parking and to meet in the Veteran Patient Parking lot directly across from the hospital’s main entrance to meet David Mosley (see map below). A brief introduction will be given prior to touring the Lawn/Parking lot location.

Important Notes: No questions will be answered during the Site Visit. All questions shall be submitted in writing to Theresa Thomas at Theresa.thomas7@va.gov by 5:00 PM EST on October 10, 2025.

No photographs are permitted to be taken while on the Washington DC VAMC Campus.

Day of Site Visit Contact Info:

David Mosley, Administrative Officer

David.Mosley@va.gov (202)763.5040 mailto:Theresa.thomas7@va.gov mailto:David.Mosley@va.gov

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

WELCOME/REGISTRATION TENT PACKAGE WITH TABLES,

CHAIRS, LINEN, ELECTRICITY

1 20x20 Tent 3 TENT SIDE SOLID 8X20 (Sides on 2 sides)

4 TENT CONCRETE BLOCK 90LB

4 Tables 6' 4 Table Linens 8 Chairs 1 Lights (Perimeter or Overhead) In every tent 1 Electric Distribution (Power strip) In every tent

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental PRODUCT/SERVICE CODE: W083 - Lease or Rental of Equipment - Textiles, Leather, Furs, Apparel and Shoe Findings, Tents and Flags

COMMUNITY VENDORS TENT PACKAGE WITH TABLES,

CHAIRS, LINEN, AND ELECTRICITY

Tent #2 Homeless Social Work/ HCHV, Tent #3 MCVET/DC VET Center/Suicide Prevention, Tent #4 4-SSVF, Tent #5 MOVA/Code of Support/Center for Minority Veterans:

2 20x20 Tent 2 20x10 Tent 8 TENT SIDE SOLID 8X20 (Sides on 3 Sides)

TENT CONCRETE BLOCK 90LB

2 10x20 Tent 24 TENT SIDE SOLID 8X20 (Sides on 3 Sides)

TENT CONCRETE BLOCK 90LB

CONCRETE, BLOCK COVER

3 TENT SIDE SOLID 8X20 (Sides on 3 Sides)

12 TENT CONCRETE BLOCK 90LB

CONCRETE, BLOCK COVER

14 Tables 6' 14 Table Linens 24 Chairs 5 Lights (Perimeter or Overhead) In every tent 5 Extension Cords 50' 5 Electric Distribution (Power strip) In every tent

FENCE, PORTABLE 6'X42"

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

VBA AND SOCIAL SECURITY TENT PACKAGE WITH TABLES,

CHAIRS, LINEN, AND ELECTRICITY

Tent #6 - (Dimensions 10’ x 20’)(Silver Spring Vet Center) Tent #7 - (Dimensions 20’ x 20’) (Transitional Housing Tent #8A/B one front/one behind) (Dimensions 10’ x’ 20’)(VBA) 3 10x20 Tent TENT SIDE SOLID 8X20 (Sides on 4 sides)

TENT CONCRETE BLOCK 90LB

CONCRETE, BLOCK COVER

TENT SIDE SOLID 8X20 (Sides on 4 sides) (Add Sidewall Room Separators for 2 tents dividers in middle of tents)

TENT CONCRETE BLOCK 90LB

CONCRETE, BLOCK COVER

1 20x20 Tent

3 SIDEWALL, 2PC SOLID 8'X20'

TENT CONCRETE BLOCK 90LB

9 Tables 6' 9 Table Linens 18 Chairs 4 Lights (Perimeter or Overhead) In every tent 5 Extension Cords 50' 4 Electric Distribution (Power strip) In every tent

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

PRIMARY CARE NURSES STATION TENT PACKAGE WITH

TABLES, CHAIRS, LINEN, AND ELECTRICITY,

Tent #9A – Nursing Services Tent #9B Screening 1 20x20 Tent

3 SIDEWALL, 2PC SOLID 8'X20'

4 TENT CONCRETE BLOCK 700LB

1 20x60 Tent

4 SIDEWALL, 2PC SOLID 8'X15'

3 SIDEWALL, 2PC SOLID 8'X20'

2 DIVIDER 20' SIDEWALL

8 TENT CONCRETE BLOCK 700LB

14 Tables 6' 14 Table Linens 30 Chairs 3 Lights (Perimeter or Overhead) In every tent 3 Extension Cords 50' Electric Distribution (Power strip) In every tent

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

VACCINE AND WOMEN'S CLINIC TENT PACKAGE WITH

TABLES, CHAIRS, LINEN, AND ELECTRICITY

Tent #10A - Dimensions: 10’ x 20’) (Vaccine Registration) Tent #10B - Dimensions: 20’ x 20’ (Vaccine Clinic) Tent #10C - Dimensions: 10’ x 60’) (Observation - Divided into 3 stations) Tent #11 - Dimensions: 20’ x 60’) (Women’s Health Clinic) 1 10x20 Tent: Registration

SIDEWALL, 2PC SOLID 8'X20'

TENT CONCRETE BLOCK 90LB

CONCRETE, BLOCK COVER

1 20x20 Tent Vaccine Clinic Divided into 4 Stations

SIDEWALL, 2PC SOLID 8'X20'

4 Note: Divided into 4 Sections (Sidewalls or equivalent)

TENT CONCRETE BLOCK 90LB

1 20x60 Tent Observation Tent

4 SIDEWALL, 2PC SOLID 8'X20'

3 SIDEWALL, 2PC SOLID 8'X20'

TENT CONCRETE BLOCK 90LB

3 20x60 Tent Women's Clinic Divided into 3 Stations

SIDEWALL, 2PC SOLID 8'X20'

2 Note: Divided into 3 Sections (Sidewalls or equivalent)

TENT CONCRETE BLOCK 90LB

12 Tables 6' 12 Table Linens 63 Chairs 8 Lights (Perimeter or Overhead) In every tent 8 Electric Distribution (Power strip) In every tent 3 Extension Cords 50'

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

WINTER GEAR: SHOES TENT PACKAGE WITH TABLES, LINEN,

ELECTRICITY

Tent #12A- Dimensions: 10’ x 40’ (Boots/Shoes) Must be able to open in back) 1 10x40 Tent (Must be able to open in back)

SIDEWALL, 2PC SOLID 8'X20'

30 TENT CONCRETE BLOCK 90LB

CONCRETE, BLOCK COVER

8 Tables 6' 8 Table Linens 1 Lights (Perimeter or Overhead) In every tent 1 Electric Distribution (Power strip) In every tent 3 Extension Cords 50'

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

WINTER GEAR: COATS AND BACKPACKS TENT PACKAGE

WITH TABLES, CHAIRS, LINEN, AND ELECTRICITY

Tent #12B - Dimensions: 10’ x 60’ (Must be able to open in back) Tent #13 - Dimensions: 10’ x 10’ (OIT Plum Case) (Dimensions 10’ x

10’ (DJ)

Tent #14 Dimensions: 10’ x’20’ (3-Legal Services) Tent #15 Dimensions: 10’x20’ (Semper -Fi/Serving Together) Tent #16 Dimensions: 10’ x20’ (Office of the People’s Counsel/American Red Cross/United Health Care 1 10x60 Tent 2 10x10 Tent 2 10x20 Tent

8 SIDEWALL, 2PC SOLID 8'X20'

TENT CONCRETE BLOCK 90LB

15 Rolling Garment Racks

CONCRETE, BLOCK COVER

21 Tables 6' 21 Table Linens 26 Chairs 2 Lights (Perimeter or Overhead) In every tent 1 Electric Distribution (Power strip) In every tent 3 Extension Cords 50'

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

CENTRAL TENTS TENT PACKAGE WITH TABLE, CHAIRS,

LINEN, AND ELECTRICITY

*PEPCO,AMAZON, MENTAL HEALTH, VFW, VETS PRO BONO,

SUIT GIVE AWAY TENTS*

Tent #17A (Dimensions: 10’ x 20’ (Misc.) KG Properties/OBI Rapu Resource Solutions/Eden Estates Tent #17B Dimensions: 10’ x 20’) (Unity in Community/New Hope 5ive Tent #18 Dimensions: 10’ x’20’ (VFW/DAV/ Veteran Upward Bound) Tent #19A Dimensions: 10’ x 20’ (Dental Clinic) Tent #19B Dimensions: 10’ x 20’ (Visor C) Tent #20 Dimensions: 10’ x’20’ (Toxic Exposure) Tent #21 Dimensions: 20’ x’20’) (HVRP/D.O.E.S./PCSI/CWT) Tent #22 Dimensions: 10’ x’20’ (Social Security Administration) 6 10x20 Tent

SIDEWALL, 2PC SOLID 8'X20'

TENT CONCRETE BLOCK 90LB

CONCRETE, BLOCK COVER

16 Tables 6' 16 Table Linens 32 Chairs 6 Lights (Perimeter or Overhead) In every tent

6 Electric Distribution (Power strip) In every tent 6 Extension Cords 50'

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

DJ-OIT-TENT 3&4 TENT PACKAGE WITH TABLES, CHAIRS,

LINEN, AND ELECTRICITY

Tent #23 Dimensions: 20’ x 60’)(Food Tent) Tent #24 Dimensions: 20’ x 60’ (Capital Food Bank) Tent #25 Dimensions: 10’ x 20’ (Soldiers Angels) Tent #26 Dimensions 10’ x 20’ (National Cemetery) Tent #27 Dimensions 10’ x 20’ (Infectious Disease) Tent #28 Dimensions 10’ x 20’ (WMATA) 4 10x20 Tent 2 20x60 Tent

SIDEWALL, 2PC SOLID 8'X20'

TENT CONCRETE BLOCK 90LB

CONCRETE, BLOCK COVER

23 Tables 6' 23 Table Linens 76 Chairs 4 Lights (Perimeter or Overhead) In every tent 4 Electric Distribution (Power strip) In every tent 6 Extension Cords 50'

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

GRAB AND GO TENT PACKAGE WITH TABLES, CHAIRS,

LINEN, HOT BOX, RACKS, HANGERS, AND ELECTRICITY

1 20x60 TENT

4 SIDEWALL, 2PC SOLID 8'X20'

8 TENT CONCRETE BLOCK 700LB

10 Tables 6' 10 Table Linens 50 Chairs

2 HOT BOX ON WHEELS

15 RACK, GARMENT CHROME DOUBLE

300 Hangers 2 Lights (Perimeter or Overhead) In every tent 1 Electric Distribution (Power strip) In every tent 3 Extension Cords 50'

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods

MISCELLANEOUS PACKAGE WITH GENERATORS, CORDS,

FIRE EXTINGUISHER, CABLE RAMP, DISTRO BOXES, TENT OX,

PORTABLE FENCE

2 GENERATOR LARGE TOW BEHIND 20KW

3 GENERATOR, 5500 WATT QUIET GAS

1 GENERATOR, 4500 WATT QUIET

1 TENT OX

4 Distro Boxes 1 Breaker Box 54 Cable Ramp 20 Fire Extinguisher

3 FENCE, PORTABLE 6'X42"

16 CORD, 50' EXTENSION

10 CORD, 100' EXTENSION

3 CORD, 75' EXTENSION,W/2 BOXES

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

BARBER EQUIPMENT WITH TABLES, CHAIRS, LINEN

4 Adjustable Barber Chairs 4 Barber Table (30' x 30'' High Top)

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

PORTA POTTIES AND HANDWASHING STATIONS PACKAGE

2 Portable restrooms 1 ADA Portable restroom 3 Handwashing stations

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods Rental

DELIVERY/LABOR PACKAGE

CHAIR, SET-UP/BREAK-DOWN

TABLE, SET-UP/BREAK-DOWN

TENT ATTENDANT

PRINCIPAL NAICS CODE: 532289 - All Other Consumer Goods

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001 SHIP TO: Washington DC VA Medical Center 50 Irving St. NW Washington, DC 20422

1.00 10/31/2025 Destination

FOB: DESTINATION

0002 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0003 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0004 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0005 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0006 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0007 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0008 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0009 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0010 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0011 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0012 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0013 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

0014 SHIP TO: Same as 0001 1.00 10/31/2025 Destination

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 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

(a) Descriptive literature, as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product's characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as—

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

(c) Descriptive literature, required elsewhere in this solicitation, shall be—

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

(d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.

(e)…