36C24526Q0052 AMEND 1.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

36C24526Q0052 10-22-2025 stephanie henderson 11-03-2025

12PM EDT

19ACQ

Department of Veterans Affairs

Clarksburg VAMC

Contract Office

1 Medical Center Dr

Clarksburg WV 26301

X 100

X

Y

332311

750 Employees

N/A

X

Department of Veterans Affairs

Clarksburg VAMC

TBD

1 Medical Center Dr

Clarksburg WV 26301

19ACQ

Department of Veterans Affairs

Clarksburg VAMC

Contract Office

1 Medical Center Dr

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment

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

Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

This is a solicitation for outdoor Hazardous Storage container

Purchase, offload, and destination delivery within 200 days at at Clarksburg VAMC.

Reference SOW for evaluation factors, place of performance, period of performance.

The only POC for this solicitation is Stephanie Henderson.

See CONTINUATION Page

X X

36C24526Q0052

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 SOW

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

C.3 52.247-34 F.O.B. DESTINATION (NOV 1991)

C.4 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.5 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899. (DEVIATION) (APR

2025)

C.6 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.8 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..35

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

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 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245

Department of Veterans Affairs

Clarksburg VAMC

Contract Office

1 Medical Center Dr

Clarksburg WV 26301

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] upon accepted good and proper invoice

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

Requests.

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

AMENDMENT NO DATE

B.2 SOW

Hazardous Waste Storage Building

• General Intention: It is the general intention of the Louis A. Johnson VAMC located at 1 Medical Center Dr. Clarksburg WV 26301 purchase hazardous waste storage unit to ensure properly safe storage and designated hazardous chemical storage of facility discarded waste to include hazardous chemicals, universal waste, and pharmaceutical waste etc.

• Scope:

This vendor will provide destination delivery and off load a fully assembled outdoor Hazardous Storage Building that meets VA SOW requirement within 200 days of contract award.

• Contract Type Firm Fixed Price

• Period of performance 200 Days destination delivery

• Place of performance Louis A. Johnson VAMC 1 Medical Center Dr.

• TECHNICAL REQUIREMENT- Vendor to provide technical plan to meet VA requirement

1. Size dimensions no larger than 112 Square feet

2. staff entry 60"W x 80"H lockable Double Door with 36" Active Leaf

3. Sump Capacity: 393 gallons

4. 4 Hour Fire Rated, Fire Rated Walls are tested to meet ASTM E119, and FM approved for 4 Hours, Fire Rated Roof tested to meet ASTM E119 and FM Approved for 3 Hours.

5. Main breaker OP-100A Load Center 12 SPACE 100A NEMA 3R 120/240V to meet power requirements for existing VA electrical requirement.

6. Grounding kit for VA staff to tie down

7. Explosion Proof Air Conditioner with Color Coded Thermostat Class 1, Division 2

208 Volt 15,700Btu, 230 Volt 15,700Btu (ORD)

8. R11 Insulation Walls, Ceiling and DLC

9. Explosion Proof Exhaust System-335 CFM w/indicator light

10. Explosion Proof Emergency Shut Off Switch for Exhaust System

11. LED Explosion Proof Light Fixture with Light Switch Class 1 Division 2

12. ABC Dry Chemical Fire Suppression System with Audible Alarm- vendor shall provide suppression system requirements to be operable so the VA can ensure the fire suppression system is fully functional.

13. 14"W SHELVES WITH 2" LIP SIDES (Priced Per Linear Foot)

14. at least 3 shelf tiers footage coverage length on back, left , and right walls

15. 6 ACHs

16. at least one adjustable 18” W x 18H Vent with Insulated Cover

17. no larger than 52"W x 72"L Perforated Steel Ramp with Skid-Resistant Finish to meet container ground height.

18. Moveable metal grading full length flooring with spill containment with drain.

19. Destination delivery to existing concrete site pad within 200 days.

20. Off load site is free and clear area to operate machinery.

21. No powerlines, sewers or obstructions will be at pad site.

22. No bolting, electrical hook up, or fire suppression services needed at pad site.

23. Building meets intertek test and is FM approved

24. Made in USA

25. Delivery site in yellow lines.

• DELIVERY/INSTALL

Vendor shall provide via email to VA POC 2 weeks prior to scheduled destination delivery.

• Deliverables/Implementation:

Vendor to Destination Deliver building that meets SOW requirement to concrete existing site pad within POP of 200 days or sooner Vendor to Offload to VA existing concrete site pad Vendor 2 copies each user manual and maintenance manual at offload.

EVALUATION FACTORS:

• Vendor Shall respond to RFQ by solicitation RFQ close date and time in required document formats (Pdf/xls as applicable in section M) submitted via by email to

Stephanie.Henderson3@va.gov.

• Vendor must list RFQ #36C24526Q052 in subject line of email. The only POC for this requirement is Stephanie.henderson3@va.gov.

• The Contracting Officer is not responsible for locating or obtaining any information not identified in vendor's RFQ.

• Quotes that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

• Missing one or more technical documents, incomplete vendor RFQ technical/past performance, implementation, pricing XLS/PDF responses will be considered non-compliant/non-conforming.

Government determines acceptability.

• Statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

• Award will be based upon best value quote meeting technical/implementation/past performance in accordance with the Simplified Acquisition Procedures of FAR 13. Responses should contain your best terms, conditions, and price good for 90 days.

• Quoters shall list exception(s) and rationale for the exception(s), if any.

Section M Evaluation factors Technical Factor (1)-

Technical Factor (1) PDF format- Vendor to provide acknowledge/certify/shows product offered VA SOW/PWS technical requirement, product specification sheets, drawings, dry chemical suppression specifications and requirements, technical plan, provide warranty literature, product brochure and spec sheet, equipment life expectancy, equipment maintenance requirement, at least 1 year warranty, provide manufacturer name, manufacturer part number, provide model number, if not manufacturer, provide dated year 2024 manufacturer authorization to distribute letter, Completed BAA certificate, included self-certification of 200 days delivery/completion.

Statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration. Missing one or more technical documents, incomplete RFQ technical responses will be considered non-compliant/non-conforming. Government determines acceptability.

Acceptable/conforming quote vendor product/service offered meets the VA SOW/PWS technical requirement as determined by government:

1. Technical Plan that meets SOW technical requirement page 5-6.

2. Included product specification sheets, product brochure, pictures.

3. Covered under warranty life of contract.

4. warranty literature.

5. manufacturer name.

6. Model number.

7. Manufacturer part number.

8. Place of origin- Completed BAA Completed Certificate.

9. model number.

10. self-certify completion date delivery.

11. Life expectancy of equipment.

12. Maintenance requirements for system.

13. 2024 dated manufacturer authorization to distribute letter.

14. Destination delivery within 200 days

Unacceptable/nonconforming/nonresponsive quote:

vendor quoted product/service solution that does not meet SOW/PWS technical requirement as determined by the government. Missing one or more documents or incomplete quote technical package/responses will be considered non-compliant/nonconforming. Insufficient RFQ technical package/ response missing one or more RFQ documents and/or does not meet SOW/PWS technical requirement.

1. Technical plan

2. Product specification sheets, product brochure, and pictures.

3. Covered under warranty life of contract.

4. manufacturer name.

5. manufacturer part number.

6. manufacturer location.

7. Place of origin- BAA Certificate.

8. model number.

9. OEM warranty document.

10. self-certify completion date delivery.

11. Life expectancy of equipment.

12. Maintenance requirements for system.

13. 2024 dated manufacturer authorization to distribute letter.

14. Destination delivery

Past performance (2) PDF:

Vendor to provide 2 relevant references within the last 2 years, contract number POC name, phone, and email for awards in the last 2 years. FAPISS/ CPAR/ Survey. Missing documents or incomplete RFQ past performance responses will be considered non-compliant/nonconforming.

Government determines acceptability.

Acceptable quote: Vendor acknowledge past performance references and/or provided required minimum references, FAPISS/ CPAR/ Survey and references are determined acceptable/conforming.

Unacceptable/non-responsive quote: Vendor failed to acknowledge performance, did not provide required minimum references, FAPISS/ CPAR/ Survey, and/or references are not acceptable/nonconforming. Missing one or more documents or incomplete quote package/responses will be considered non-compliant/nonconforming. Insufficient RFQ past performance response missing one or more RFQ documents and/or does not meet SOW past performance requirement. Government determines acceptability.

IMPLEMENTATION: Vendor to provide prime key point of contact , subcontractors name and SAM UEI for implementation, implementation plan, destination delivery within 200 days, and qualified certified installer for equipment within 10 days of destination delivery. Missing one or more implementation documents or incomplete quote implementation package/responses will be considered non-compliant/nonconforming. Insufficient, inadequate implementation RFQ package/ response missing one or more implementation RFQ documents and/or does not meet SOW technical requirement. Government determines acceptability.

Acceptable Quote: Vendor provided adequate implementation documentation RFQ response plan to meet VA SOW/PWS prime key point of contact, destination delivery within 200 days subcontractors name and SAM UEI for implementation, implementation plan, training plan, ability to meet POP, and qualified certified installer for equipment install within 10 days of delivery.

Unacceptable/ noncompliant/ nonconforming quote: Vendor did not provide one or more documentation/implementation RFQ response plan to meet VA SOW/PWS requirement prime key point of contact , subcontractors name and SAM UEI for implementation, implementation plan, training plan, ability to meet POP, or a qualified certified installer for equipment.

Price (4) PDF & xls: vendor to provide pricing for all line items and added value items.

Acceptable Quote: Vendor quote/RFQ response meets technical, past performance, implementation plan, and is best value.

Unacceptable/ non-compliant quote: Vendor quote/RFQ responses do not meet one or more technical, past performance, implementation plan, and is not best value.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 EA ________________

OUTDOOR HAZARDOUS WASTE STORAGE BUILDING

PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing PRODUCT/SERVICE CODE: 5410 - Prefabricated and Portable Buildings

0001AA

size dimensions no larger than 112 Square feet PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AB

staff entry 60"W x 80"H lockable Double Door with 36" Active Leaf PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AC

Sump Capacity: 393 gallons PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AD

4 Hour Fire Rated, Fire Rated Walls are tested to meet ASTM E119, and FM approved for 4 Hours, Fire Rated Roof tested to meet ASTM E119 and FM Approved for 3 Hours.

PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AE

Main breaker OP-100A Load Center 12 SPACE 100A NEMA 3R 120/240V to meet power requirements for container PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AF

grounding kit/ tie down PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AG

Off load site is free and clear area to operate machinery.

No powerlines, sewers or obstructions will be at pad site.

No bolting, electrical hook up, or fire suppression services needed at pad site.

PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AH

Explosion Proof Air Conditioner with Color Coded Thermostat Class 1, Division 2 208 Volt 15,700Btu, 230 Volt 15,700Btu

(ORD)

PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AI

R11 Insulation Walls, Ceiling and DLC PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AJ

Explosion Proof Exhaust System-335 CFM w/indicator light PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AK

Explosion Proof Emergency Shut Off Switch for Exhaust System PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AL

LED Explosion Proof Light Fixture with Light Switch Class 1 Division 2 PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AM

ABC Dry Chemical Fire Suppression System with Audible Alarm- vendor shall provide system requirements to be operable so the VA can ensure the fire suppression system is fully functional.

PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal

Building and Component Manufacturing

0001AN

14"W SHELVES WITH 2" LIP SIDES (Priced Per Linear Foot) PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AP

6 ACHs PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AQ

at least one adjustable 18” W x 18H Vent with Insulated Cover PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AR

no larger than 52"W x 72"L Perforated Steel Ramp with Skid- Resistant Finish to meet container ground height.

PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AS

Moveable metal grading full length flooring with spill containment with drain.

PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AT

destination delivery to VA concrete site pad 200 days or sooner.

PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AU

Meets intertek test, FM approved PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

0001AX

at least 3 shelf tiers footage to cover length on back, left , and right walls for each tier.

PRINCIPAL NAICS CODE: 332311 - Prefabricated Metal Building and Component Manufacturing

GRAND TOTAL ________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Clarksburg VAMC

TBD

1 Medical Center Dr Clarksburg, WV 26301

USA

1.00 200 days destination delivery

MARK FOR: TBD

FOB: DESTINATION

0001AA SHIP TO: Clarksburg VAMC

TBD

1 Medical Center Dr

0001AB SHIP TO: Clarksburg VAMC

1 Medical Center Dr Clarksburg, WV 26301

USA

1.00 200 days

0001AC SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AD SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AE SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AF SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AG SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AH SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AI SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AJ SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AK SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AL SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AM SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AN SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AP SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AQ SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AR SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AS SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AT SHIP TO: Clarksburg VAMC

1 Medical Center Dr Clarksburg, WV 26301

1.00 200 days

0001AU SHIP TO: Clarksburg VAMC

1 Medical Center Dr

0001AX SHIP TO: Clarksburg VAMC

1 Medical Center Dr

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 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

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

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

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

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

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

C.3 52.247-34 F.O.B. DESTINATION (NOV 1991)

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

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

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

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

(b) The Contractor shall—

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

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

(2) Prepare and distribute commercial bills of lading;

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

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

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

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

(End of Clause)

C.4 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.5 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899.

(DEVIATION) (APR 2025)

a. The contractor shall comply with Executive Order 13899, Combating Anti-Semitism, pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

b. The contractor shall timely disclose, in writing, to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation under Executive Order 13899, Combatting Anti-Semitism pursuant to the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

c. The contractor shall include the terms and conditions of this clause in every subcontract or purchase order so that these terms will be binding on every subcontractor or vendor.

(End of clause)

C.6 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

(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:

Line item No. Country of origin Exceeds 55% domestic content (yes/no)

[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.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible…