36C24526Q0685 RFQ.pdf
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- Solicitation number
- 36C24526Q0685
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (SF 1449) issued by the Department of Veterans Affairs, Martinsburg VAMC for the replacement of a dishwashing system.
The Government seeks to procure a complete dishwashing equipment solution including purchase, installation, deinstallation, and training of new kitchen dishware equipment for the Martinsburg VAMC facility. The requirement encompasses three primary items: (1) a heavy-duty stainless steel commercial flight-type dishwasher meeting specifications comparable to the Hobart FT2000S+ADV model, configured for right-to-left operation with specific water-saving and energy-recovery capabilities; (2) a heavy-duty commercial stainless-steel soiled breakdown system comparable to the Aerowerks model, featuring a double-slat belt accumulation conveyor with ergonomic waste sorting stations; and (3) a heavy-duty commercial stainless-steel waste collector handsfree scrapping system comparable to the Aerowerks model. All equipment must be fully operational and installed within 180 days of contract award. The solicitation is set aside 100% for small business and issued under simplified acquisition procedures (FAR Part 12). The contract type is Firm Fixed Price, with invoicing due upon full installation and operational status. Responses must be submitted by August 26, 2026, at 12:00 PM EDT to Stephanie Henderson at stephanie.henderson@va.gov. Offerors must provide technical specifications, product documentation, past performance references (2 within last 2 years), detailed implementation and training plans, qualified OEM installer certifications, and pricing via Excel template. Evaluation will be based on Best Value considering technical compliance, past performance, implementation capability, and price. FOB is Destination to Martinsburg, WV 25405, with payment via electronic funds transfer through the FSC e-Invoice system.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C24526Q0685_3.docx | DOCX document | |
| MWV DISHWWARE EQUIPMENT -AMD1.xlsx | XLSX spreadsheet | |
| 36C24526Q0685 AMD 1.pdf | ||
| MWV DISHWWARE EQUIPMENT .xlsx | XLSX spreadsheet | |
| 36C24526Q0685_2.docx | DOCX document |
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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
36C24526Q0685 08-13-2026 stephanie henderson 08-26-2026
12PM EDT
19ACQ
Department of Veterans Affairs
Martinsburg VAMC
Contract office
500 Butler Ave
Martinsburg WV 25405
Stephanie.henderson#va.gov
Stephanie Henderson
X 100
X
333310
1000 Employees
N/A
X
Department of Veterans Affairs
Martinburg VAMC
SEE SOW
500 Butler Ave
Martinsburg WV 25405
19ACQ
Department of Veterans Affairs
Martinsburg VAMC
Contract office
500 Butler Ave
Martinsburg WV 24505
PAYMENT WILL BE MADE BY
FSC e-Invoice Payment
Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp
Invoice Setup Information 1-877-489-6135
See CONTINUATION Page
This solicitation is issued for the purchase, installation, desinstallation, training of new kitchen dishware equipment solutions that meet existing facility infrastructure and space within 180 days at Martinsburg VAMC.
See SOW for technical/implementation requirements, evaluation factors, place of performance, period of performance.
Missing documents, incomplete responses/forms, missing one or more technical, implementation, past performance, xls spreadsheet, responses to SOW, RFQ technical/past performanc
, implementation, pricing XLS/PDF responses will be non-compliant/non-conforming. Government determines acceptability.
COR: TBD
VENDOR INSTALL POC:
See CONTINUATION Page
X X
1 X
36C24526Q0685
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 (OCT 2025) (DEVIATION)
C.2 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY
2014)
C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.4 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)
C.5 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF
ELECTRONIC FUNDS TRANSFER INFORMATION (JUL 2013)
C.6 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)
C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.8 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)
C.9 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)
C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
C.11 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 (OCT 2025) (DEVIATION)
E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
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
Martinsburg VAMC
Contract office
500 Butler Ave
Martinsburg WV 25405
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] upon fully operational and fully installed 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 STATEMENT OF WORK
Replacement Dishwashing System for NFS
BACKGROUND:
This dishwashing system is used to clean and sanitize the reusable tray wares for ~ 600 - 800 meals daily for our Veteran inpatients in building 500 main kitchen. This unit is used 7 days per week / 15 hours per day. On average, dishwashers and their components require major repairs after 7 years of use. Other factors that affect the life expectancy of dishwashing equipment include exposure to hard water (which affects building 500 kitchen) and can reduce the life span of dishwashing systems significantly, potentially reducing them to 6 to 8 years instead of the typical 8 to 10 years.
SCOPE OF WORK:
This Nutrition and Food Services (NFS) requirement is to replace existing equipment within existing facility infrastructure includes all-inclusive purchase, transport, installation, and deinstall new heavy duty commercial stainless-steel dishwashing system, stainless steel soil break down table system, and stainless-steel waste collector equipment solution to handle 800 meals per day.
Vendor to provide qualified OEM authorized solution, destination delivery, deinstallation of existing, tools, staff, equipment, transport, assembly, provide qualified OEM training, and OEM authorized installation of each system dishwashing system, soiled breakdown system, and waste collector system fully installed and fully operational within 180 days of contract award.
CONTRACT TYPE: FIRM FIXED PRICE
PLACE OF PERFORMANCE:
Facility address: Martinsburg VA Medical Center
510 Butler Avenue, Martinsburg, WV 25405
Delivery/Receiving: Building 500, Warehouse
Operation hours: Monday through Friday
8:00am to 4:00pm EST excluding national and special holidays.
Destination Ship: to meet loading dock requirements.
Bldg./Room Location: Bldg. 500/GB100
PERIOD OF PERFORMANCE:
Installation and fully operational equipment within 180 days after the award date.
Installation date to be determine after the approval of drawings.
TECHNICAL REQUIREMENT: vendor to provide a RFQ response solution that meets the VA SOW requirement.
Item 1: Heavy duty stainless steel commercial Dishwasher, Flight Type
Hobart Technical Specialty Model No. FT2000S+ADV or equal heavy duty commercial stream efficient, insulated minimizing heat loss, monitors hard water buildup, and water efficient dish machine that saves time and uses cleaner water as well as reduces water, chemical, energy consumption to save energy and meet existing facility infrastructure requirements. This is not a construction requirement.
Standard warranty ‐ 1‐Year parts, labor & travel time during normal working hours within the USA.
• Includes Wifi touch screen and software name, version with app – provide software name, version, and app.
• Includes during operation cleaner water automatically actively pumps food soil out of the wash tank
• Includes non-adaptive washing standard with manual speed or preset operational controls options washing ware and soil types
• Includes load platform sections and prewash section length +/-1” 5.5’ total length
• Includes- dual rinse and dryer set up uses recycled water to reduce water consumption
• Dimensions- Standard 5’ single piece mid-section
• Dimensions- at least Unload Section single continuous unit 8.5’ unload area extra room for exiting rack and handling zone with easier routine cleaning.
• Dimensions- at least Length of center, unload, load, center +/- 1” 19 feet (overall length)
• Includes blower dryer that offers low water consumption integrated fans/motors to remove steam heat to handle thousands of dishes
• Includes Equipment Standard Height at least +/- 1” 22”h x 29”w Opening, to fit At least
18x26 sheet pans and 27” oval trays
• Includes drain water tempering kit
• Includes consistent Steam Coil to meet high-temperature energy-recovery steam, heat transfer efficient steam phase
• Includes service connection- provide specification Sheet for rated amps
• Facility Power requirement 480v/60/3‐ph (HV), for steam heat
• No factory-mounted internal circuit breakers
• Includes at least 120 Steam booster to Heats rinse water using facility steam to meet the high-temperature sanitizing requirements for commercial dishwashing operations and prevent scaling
• Includes Standard piping- provide drawing internal water-piping layout, fill valves, and plumbing connections built for equipment
• Includes conveyor direction configuration, specifically a right-to-left operational
• add a water softener
• includes lower water, energy and chemical consumption capable capture heat, integrate drying, flush soil, recycle thermal energy, and automate soil removal for Drain Water
Energy Recapture
• Equipment drain connection preset to the unload end at a height of 7” above the finished floor 2” female pipe thread, and changeable in the field to the load end drain in unload.
• Spring insulated hinge door components Hinge doors, all sections
• No added security code feature
• Includes belt in position 1 insulated conveyor wider finger spacing and a grip/stabilize nose design wash cycle to securely hold general ware and larger items
• Includes standard flat racks or lighter dish loads
• No specialized factory-installed standard baseline manufacturing specifications
• includes prevent tank and booster failure protect the machine and extend equipment life for automated lime scale removal, booster guard, auto chemical dispensing, operator delime alert
• vendor provide product brochure, cut sheet, spec sheets, user manual, maintenance requirements, life expectancy warranty and rough in drawings with RFQ response.
• Wifi connection- none required
• power voltage requirement 480V/60/3/25.7A
Item 2: Heavy Duty Commercial Stainless-steel Soiled Breakdown System
Aerowerks Model No. SOILED BREAKDOWN SYSTEM or equal heavy duty stainless-steel commercial dish room and scrapping system high-volume kitchen commercial kitchen for a single continuous workflow ware washing solution by combining automated sensor accumulation, ergonomic waste sorting, and ergonomic integrated cleaning stations as well as meet existing facility infrastructure requirements. This is not a construction requirement.
• Includes c/w electrical control panel, a commercial double-slat belt accumulation conveyor system in facility dish room and food service tray return lines. Heavy duty dish slates to safely move dishes to commercial kitchen ware washer. Automatically electric sensor detects and stops maximum of dish build up until clears the belt to resume. A safety switch to prevent loos item damage and drive gear damage.
• Includes commercial soiled dish table, waste trough, built-in channel and to push food scrapes/rinsed directly into to compatible trough collector, magnetic silver saver integrated mounted over the trough to catch and hold stray stainless steel flatware, preventing it from being accidentally thrown into the waste disposal, perforated s/s ledges, stainless steel shelves or grates with drainage holes used to hold bus tubs, racks, or wet items while allowing water to drain back into the system
• Includes safe ergonomic solution Pre- rinse stations quick food soil removal scraping tables equipped with waste troughs, perforated plates, and high-pressure hose setups, handsfree hip switches and overhead rack & storage shelf slated/ flat with rollers.
• Includes Hose clean up station to fit existing hot/cold water supply connections heavy-duty 30-foot dairy-quality hose, a front-trigger water spray gun.
• Includes wheeled stainless soak sink fit hands free water release, fit heavy dishracks/kitchen ware.
• Wifi connection- none required
• product brochure, cut sheet, spec sheets, user manual, maintenance requirements, life expectancy warranty and rough in drawings with RFQ response.
• Power voltage required 208V/15A/1Ø
Item 3: Heavy Duty Commercial Stainless-steel Waste Collector
Aerowerks Waste Collector Handsfree Scrapping round collector system- or equal and meet existing facility infrastructure requirements. This is not a construction project.
• Must fit existing facility rough in 2-inch diameter drain connection, 1/2-inch hot and cold water supply line for the gushers, and a facility electrical supply matching the 1.5 HP motor specifications
• Compatible with gushers, end gusher, and side nozzles components included.
• Provide product brochure, cut sheet, spec sheets, user manual, maintenance requirements, life expectancy warranty and rough in drawings with RFQ response.
• Wifi connection- none required.
• Power voltage required 208V/15A/1Ø
TASKS IMPLEMENTATION/INSTALLATION: vendor to provide a RFQ response solution that meets the VA SOW requirement.
Qualified OEM Vendor will:
- Coordinate destination delivery and installation with COR.
- Vendor is responsible for equipment until fully installed and fully operational.
- disconnect existing flight type dish machine, soiled breakdown system and waste collector.
- Disconnect all existing equipment from its current location to VA property manager for disposal
- receive new equipment at the facility dock and move into the installation location (room
GB100)
- assemble, and make all new equipment ready for final connections.
- make final utility connections within 3’ of termination points, includes plumbing and electrical.
- connect to existing duct work, plumbing, electrical to equipment.
- start up and test all equipment for proper operation.
- Vendor is responsible for equipment until fully installed and fully operational.
- conduct training for NFS personnel on how to use the new equipment.
- all work must be done during normal business hours Monday thru Friday, 8:00am to 4:00pm
EST excluding national and special holidays.
- Vendor to test equipment, leaks, temperatures ensuring equipment if fully operational prior to government acceptance.
OTHER INSTALLATION INFORMATION:
Loading dock measurement: 73” W x 92”H
Room GB100 door measurement: 74” W x 84”H
RISK CONTROL
All necessary sanitation and infection control protocols will be adhered to within the food preparation area to include hair and beard protection netting and any other required safety protocols.
WARRANTY OF EQUIPMENT:
Manufacturer standard warranty of at least one year to be effective upon each fully operation and fully installed solution.
INSPECTION AND ACCEPTANCE CRITERIA.
COR to accept fully operational and fully installed systems
Vendor to provide fully operational and full installed solution.
The terms and conditions in the award document, the statement of work are included without exception, deletion, or addition.
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 email
· The only POC for this requirement is Stephanie.henderson3@va.gov.
· For part 12 only: Vendor must list RFQ #36C24526Q0685 in subject line of email. 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 documents, incomplete responses/forms, missing one or more technical, implementation, past performance, xls spreadsheet, responses to SOW, 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/trade off quote technical/implementation, and past performance. In accordance with FAR 12.201-1 Simplified procedures, Responses should contain your best terms, responses, supporting documents, and price good for 90 days.
· Quoters shall list exception(s) and rationale for the exception(s), if any.
Technical Factor (1)-
Technical Factor (1) PDF format- Vendor to provide acknowledge/certify/shows product offered
VA SOW/PWS technical requirement, product specification sheets, technical plan, provide warranty literature, validated software compatible with VA IT requirements, product brochure and spec sheet, equipment life expectancy, equipment maintenance requirement, at least 1 year warranty documentation, provide manufacturer name, provide manufacturer part number, provide model number, if not manufacturer, provide dated year XXX manufacturer authorization to distribute letter, Completed BAA or TAA certificate, included self-certification of XX 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:
• Technical Plan
• Provide product specification sheets, drawings, user manual, product brochure, pictures.
• Provide warranty documentation.
• Provide manufacturer name.
• Provide Model number.
• Provide Manufacturer part number.
• Provide software name and version.
• Provide certification software validated and approved on VA OIT.
• Provide Place of origin- Completed TAA or BAA Completed Certificate.
• Provide self-certify completion date delivery.
• Provide Life expectancy of equipment.
• Provide maintenance manual, cost, and schedule for system.
• Provide signed/dated XXX manufacturer authorization to distribute letter.
Unacceptable/nonconforming/nonresponsive quote:
vendor quoted product/service solution that does not meet minimum 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.
• Technical Plan
• Provide product specification sheets, drawings, user manual, product brochure, pictures.
• Provide warranty documentation.
• Provide manufacturer name.
• Provide Model number.
• Provide Manufacturer part number.
• Provide software name and version.
• Provide certification software validated and approved on VA OIT.
• Provide Place of origin- Completed TAA or BAA Completed Certificate.
• Provide self-certify completion date delivery.
• Provide Life expectancy of equipment.
• Provide maintenance manual, cost, and schedule for system.
• Provide signed/dated XXX manufacturer authorization to distribute letter.
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, termination for cause, termination for default, 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 (3): Vendor to provide prime key point of contact, subcontractors name and
SAM UEI for implementation, prime percentage of work, detailed Qualified OEM implementation plan, detailed Qualified OEM training plan, provide estimated installation date, qualified OEM distributor manufacturer, qualified OEM equipment installer, deinstaller/installer plumber and electrical certification, and ability to meet POP install requirements. 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: Vendors provide prime key point of contact, subcontractors name and SAM
UEI for implementation, prime percentage of work, detailed Qualified OEM implementation plan, detailed Qualified OEM training plan, qualified OEM distributor manufacturer, qualified OEM equipment installer, deinstaller/installer plumber and electrical certification, and ability to meet
POP install requirements. Missing one or more implementation documents or incomplete quote implementation package/responses will be considered non-compliant/nonconforming.
Unacceptable/ noncompliant/ nonconforming quote: Vendor did not provide one or more documentation/implementation RFQ response plan to meet VA SOW/PWS prime key point of contact, subcontractors name and SAM UEI for implementation, prime percentage of work, detailed implementation plan, detailed training plan, ability to meet POP install requirement, and qualified certified OEM installer for equipment. Missing one or more implementation documents or incomplete quote implementation package/responses will be considered non-compliant/nonconforming.
Price (4) PDF & xls: vendor to complete xls template, provide pricing, part descriptions, part number, part number, for line items and added value items. If applicable, price all option periods.
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 ________________
Dishwasher, Flight type Advansystem heavy-duty, STEAM high-volume stainless steel commerical dish washer and conveyor system operations clean water and capable to santize 1000's of dishware for the hospital in patients foodservice. It continuously moves large volumes of tableware directly on a conveyor belt through specialized wash and rinse zones, offers engergy savings, ventless recovery, self-cleaning, self-deliming cycles, low water consumption, auto pumps food from take insulated doors for easy interior access, PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances
0001A
0.00 EA ________________
WIFI CONNECTION NONE/ Includes touch screen and if software– provide software name, version, and app.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001AA
Includes standard flat racks or lighter dish loads PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001AB
No specialized factory-installed standard baseline manufacturing specifications PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001AC
includes prevent tank and booster failure protect the machine and extend equipment life for automated lime scale removal, booster guard, auto chemical dispensing, operator delime alert PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001AD
vendor provide product brochure, cut sheet, spec sheets, user manual, maintenance requirements, life expectancy warranty and rough in drawings with RFQ response.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001AE
power voltage requirement 480V/60/3/25.7A PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001B
Includes during operation cleaner water solution automatically actively pumps food soil out of the wash tank PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001C
Includes non-adaptive washing standard with manual speed, preset operational controls options washing ware and soil types PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001D
Includes load platform sections and prewash section length +/- 1” 5.5’ total length PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001E
Includes- dual rinse and dryer set up uses recycled water to reduce water consumption PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001F
Dimensions to fit existing space- Standard 5’ single piece mid-section PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001G
Dimensions to fit existing space- at least Unload Section single continuous unit 8.5’ unload area extra room for exiting rack and handling zone with easier routine cleaning.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001H
Equipment Dimensions to fit eixsting space- at least Length of center, unload, load, center +/- 1” 19 feet (overall length) PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001J
Includes blower dryer that offers low water consumption integrated fans/motors to remove steam heat to handle thousands of dishes PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001K
Includes Equipment Standard Height at least +/- 1” 22”h x 29”w Opening, to fit At least 18x26 sheet pans and 27” oval trays PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001L
Includes drain water tempering kit PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001M
Includes consistent Steam Coil to meet high-temperature energy-recovery steam, heat transfer efficient steam phase PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001N
Includes service connection- provide specification Sheet for rated amps PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001P
Facility Power requirement 480v/60/3-ph (HV), for steam heat PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001Q factory-mounted internal circuit breakers-NONE PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001R
Includes at least 120 Steam booster to Heats rinse water using facility steam to meet the high-temperature sanitizing requirements for commercial dishwashing operations and prevent scaling PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001S
Includes Standard piping- VENDOR provide drawing internal water-piping layout, fill valves, and plumbing connections built for equipment PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001T
Includes conveyor direction configuration, specifically a right-to-left operational PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001U add a water softener SOLUTION PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001V includes lower water, energy and chemical consumption capable capture heat, integrate drying, flush soil, recycle thermal energy, and automate soil removal for Drain Water Energy Recapture SOLUTION PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001W
Equipment drain connection preset to the unload end at a height of 7” above the finished floor 2” female pipe thread, and changeable in the field to the load end drain in unload.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001X
Spring insulated hinge door components Hinge doors, all sections PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001Y
No security code feature REQUIRED PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0001Z
Includes belt in position 1 insulated conveyor wider finger spacing and a grip/stabilize nose design wash cycle to securely hold general ware and larger items PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
Soiled breakdown system which includes: double slat belt accumulation conveyor, soiled dish table, hose clean up station, and mobile soak sink PRINCIPAL NAICS CODE: 333241 - Food Product Machinery
Manufacturing
0002A
Includes c/w electrical control panel, a commercial double-slat belt accumulation conveyor system in facility dish room and food service tray return lines. Heavy duty dish slates to safely move dishes to commercial kitchen ware washer.
Automatically electric sensor detects and stops maximum of dish build up until clears the belt to resume. A safety switch to prevent loos item damage and drive gear damage.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0002B
Includes commercial soiled dish table, waste trough, built-in channel and to push food scrapes/rinsed directly into to compatible trough collector, magnetic silver saver integrated mounted over the trough to catch and hold stray stainless steel flatware, preventing it from being accidentally thrown into the waste disposal, perforated s/s ledges, stainless steel shelves or grates with drainage holes used to hold bus tubs, racks, or wet items while allowing water to drain back into the system PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0002C
Includes safe ergonomic solution Pre- rinse stations quick food soil removal scraping tables equipped with waste troughs, perforated plates, and high-pressure hose setups, handsfree hip switches and overhead rack & storage shelf slated/ flat with rollers.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0002D
0.00 EA ________________ ________________
Includes Hose clean up station to fit existing hot/cold water supply connections heavy-duty 30-foot dairy-quality hose, a front-trigger water spray gun.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0002E
Includes wheeled stainless soak sink fit hands free water release, fit heavy dishracks/kitchen ware.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0002F
Wifi connection- none required PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0002G
Power voltage required 208V/15A/1Ø PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
Waste collector with end gusher and side nozzles PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0003A
Must fit existing facility rough in 2-inch diameter drain connection, 1/2-inch hot and cold water supply line for the gushers, and a facility electrical supply matching the 1.5 HP motor specifications PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0003B
Compatible with gushers, end gusher, and side nozzles components included.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0003C
Provide product brochure, cut sheet, spec sheets, user manual, maintenance requirements, life expectancy warranty and rough in drawings with RFQ response.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0003D
Wifi connection- none required.
PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
0003E
Power voltage required 208V/15A/1Ø PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
3.00 EA ________________
assembly/Installation electrical and plumbing connection of each equipment solution PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
Training each equipment solution PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing
GRAND TOTAL ________________
B.4 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 SHIP TO: Martinsburg VAMC
TBD
500 Butler Ave Martinsburg, WV 25405
USA
1.00 180 days installed
MARK FOR: TBD
FOB: DESTINATION
0001A SHIP TO: Martinsburg VAMC
TBD
500 Butler Ave
0.00 180 days
0001AA SHIP TO: Martinsburg VAMC
500 Butler Ave Martinsburg, WV 25405
0001AB SHIP TO: Martinsburg VAMC
500 Butler Ave
0001AC SHIP TO: Martinsburg VAMC
500 Butler Ave
0001AD SHIP TO: Martinsburg VAMC
500 Butler Ave
0001AE SHIP TO: Martinsburg VAMC
500 Butler Ave
0001B SHIP TO: Martinsburg VAMC
500 Butler Ave Martinsburg, WV 25405
USA
0001C SHIP TO: Martinsburg VAMC
500 Butler Ave
0001D SHIP TO: Martinsburg VAMC
500 Butler Ave
0001E SHIP TO: Martinsburg VAMC
500 Butler Ave
0001F SHIP TO: Martinsburg VAMC
500 Butler Ave
0001G SHIP TO: Martinsburg VAMC
500 Butler Ave
0001H SHIP TO: Martinsburg VAMC
500 Butler Ave
0001J SHIP TO: Martinsburg VAMC
500 Butler Ave
0001K SHIP TO: Martinsburg VAMC
500 Butler Ave
0001L SHIP TO: Martinsburg VAMC
500 Butler Ave
0001M SHIP TO: Martinsburg VAMC
500 Butler Ave
0001N SHIP TO: Martinsburg VAMC
500 Butler Ave
0001P SHIP TO: Martinsburg VAMC
500 Butler Ave
0001Q SHIP TO: Martinsburg VAMC
500 Butler Ave
0001R SHIP TO: Martinsburg VAMC
500 Butler Ave
0001S SHIP TO: Martinsburg VAMC
500 Butler Ave
0001T SHIP TO: Martinsburg VAMC
TBD
500 Butler Ave
0001U SHIP TO: Martinsburg VAMC
500 Butler Ave
0001V SHIP TO: Martinsburg VAMC
500 Butler Ave
0001W SHIP TO: Martinsburg VAMC
500 Butler Ave
0001X SHIP TO: Martinsburg VAMC
500 Butler Ave
0001Y SHIP TO: Martinsburg VAMC
500 Butler Ave
0001Z SHIP TO: Martinsburg VAMC
500 Butler Ave
0002 SHIP TO: Martinsburg VAMC
500 Butler Ave
0002A SHIP TO: Martinsburg VAMC
500 Butler Ave
0002B SHIP TO: Martinsburg VAMC
500 Butler Ave
0002C SHIP TO: Martinsburg VAMC
500 Butler Ave Martinsburg, WV 25405
0002D SHIP TO: Martinsburg VAMC
500 Butler Ave
0002E SHIP TO: Martinsburg VAMC
500 Butler Ave
0002F SHIP TO: Martinsburg VAMC
500 Butler Ave
0002G SHIP TO: Martinsburg VAMC
500 Butler Ave
0003 SHIP TO: Martinsburg VAMC
500 Butler Ave Martinsburg, WV 25405
USA
0003A SHIP TO: Martinsburg VAMC
500 Butler Ave
0003B SHIP TO: Martinsburg VAMC
500 Butler Ave
0003C SHIP TO: Martinsburg VAMC
500 Butler Ave
0003D SHIP TO: Martinsburg VAMC
500 Butler Ave
0003E SHIP TO: Martinsburg VAMC
500 Butler Ave
0004 SHIP TO: Martinsburg VAMC
500 Butler Ave
3.00 180 days
0005 SHIP TO: Martinsburg VAMC
500 Butler Ave
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) 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.
(c) 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.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31
U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) 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;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(5) 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 FAR part 33 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 FAR part 32).
(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 termination for cause.
(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.
chapter 21 relating to procurement integrity.
(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government
Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract,
(5) Solicitation provisions incorporated in the solicitation.
(6) Other paragraphs of this clause.
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(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 (s)(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.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract.
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