36C24526Q0819.pdf

RFQ 36C24526Q0819

This solicitation is for the purchase of Baltimore VAMC Washer/Decontamination. This shall be a Firm-Fixed Priced purchase order. The requirement will be at the following site:

VA Maryland Health Care System

Baltimore VA Medical Center (512)

10 North Greene Street

Baltimore, MD 21201

This solicitation closes on Monday, September 21, 2024, at 12:00 EDT. Late submissions will not be accepted.

This solicitation is unrestricted.

NAICS is 339112 and PSC is 6515.

All quoters shall submit a completed SF1449 to the email address in the Combined Synopsis Solicitation.

The Government will formulate its offer from the information submitted.

Quoters are allowed to submit more than one quote to the solicitation.

The Government is asking for a discount from your standard commercial price.

This solicitation is for brand or equal. I.A.W. FAR Companion, 11.204 Use brand name or equal purchase descriptions.

Brand Names: Belimed

The evaluation will be comparative evaluation I.A.W. FAR Companion, FC 12.201-1 to come up with the best benefit for the Government.

Fuel surcharges will not be accepted on quotes or on invoices at the time of billing. Fuel surcharges will make the quote non-compliant with the RFQ.

Please fill out sections:

Section A

Blocks: 11,12, and 17a: Company name, address, Code (cage code), Facility code (DUN’s #), Phone, and UEI.

Section B

B.1 CONTRACT ADMINISTRATION DATA (Name of company, POC, Email, Phone number)

B.4 PRICE/COST SCHEDULE- ITEM INFORMATION

B.5 DELIVERY SCHEDULE- how long for delivery (i.e., Date, days, or ARO)

This solicitation has incorporated clause 52.247-34 F.O.B. Destination. Only quotes that are submitted FOB Destination will be considered; accordingly, any quote submitted FOB Origin or FOB Destination Prepaid and Ship will be considered noncompliant, and the vendor will be disqualified.

The Government reserves the right to one-on-one discussions with quoters to clarify any information given.

The Government reserves all rights to award all or none.

This RFQ is for a single award.

The Government reserves the right to exchanges/ discussions with Best-Suited Contractor

Once the Government determines the contractor that is best-suited (i.e., the apparent successful contractor), the Government reserves the right to communicate with only that contractor to address and remaining issues, if necessary, and finalize a task order with that contractor. These issues may include technical and price.

The submission of the excel sheet- RFQ Line Item Worksheet 36C24526Q0819 is mandatory for this RFQ. Failure to supply the completed sheet is cause for being non-compliant with the solicitation

The contracting officer has determined that this solicitation is exempt from the Service Contract Act. This exemption is based on the fact that the services required are covered by standard established commercial market prices. This solicitation includes Clause 52.222-53, titled "Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements" (Nov 2025) (Deviation), as well as Provision 52.222-52, titled "Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification" (Nov 2025) (Deviation). Responders must fill out the certification provision and return it with their response to the solicitation. Any responder who does not agree with or mark the provision in the affirmative will be considered non-compliant and will be removed from consideration for award.

*******************************IMPORTANT*******************************************

If the quoter is a distributer and not the manufacturer, a letter of distribution/ authorization from manufacturer is required for all quoters; accordingly, a failure to supply distribution/ authorization letter the quoter will be considered noncompliant, and the vendor will be disqualified.

*******************************IMPORTANT*******************************************

The quoter must submit their estimated time from award to completion of total requirement in days; accordingly, all quotes submitted must be 12 months or under to complete.

A commercial subcontracting plan is required to be filed in Sam.gov within 20 business days of award of delivery order. When the plan is filed in SAM.gov the contractor is required to email the contracting officer at joseph.krupa@va.gov that the commercial plan has been filed. This is for Large Business only.

Failure to file a commercial subcontracting plan within the 20 business days will be ground for termination for cause.

These are Network Contracting Office 5’s (NCO 5) subcontracting goals for FY 26:

Subcontract Small

Business Goals

Subcontract Veteran-

Owned Small Business

Goal

Subcontract Small

Disadvantage d Business

Goal

Subcontract Service- Disabled Veteran-

Owned Small Business

Goal

Subcontract Women

Owned Small Business

Goal

Subcontract HUBZone

Small Business

Goal

VETERANS

AFFAIRS,

DEPARTMEN

T OF (3600)

17.5% 7.00% 5.00% 5.00% 5.00% 3.00%

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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

512-26-3-198-0214

36C24526Q0819

6. SOLICITATION ISSUE DATE

9-14-2026

Joseph J. Krupa (304) 263-0811 Ext. 7618 09-21-2026 12:00pm EDT

19ACQ

Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405 Joseph.krupa@va.gov

X

339112

1000 Employees

N/A

X

36C512

VA Maryland Health Care System Baltimore VA Medical Center (512)

10 North Greene Street, Baltimore MD 21201

36C245

Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 308B Martinsburg WV 25405

36C512

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp http://www.fsc.va.gov/einvoice.asp

1-877-489-6135

See CONTINUATION Page

This solicitation is for the purchase of Baltimore VAMC for Washer/Decontamination. This shall be a Firm-Fixed purchase order.

FSC e-Invoice Payment Invoice must be submitted electronically.

http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

POC: Joseph J. Krupa, Joseph.krupa@va.gov

Fuel surcharges will not be accepted in quotes or in invoices at the time of billing. Fuel surcharges will make the quote non-compliant with the RFQ.

See CONTINUATION Page

512-3660160-198-828100-3151 SPR0S00A1

X X

X 1

Joseph J Krupa, Contracting Officer

VA-VHA-RPOE-2022-222764

36C24526Q0819

Table of Contents

RFQ 36C24526Q0819

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 (SOW)

B.3 SALIENT CHARACTERISTICS

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

B.5 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 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

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 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.7 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.8 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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT

LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES—CERTIFICATION

(NOV 2025) (DEVIATION)

E.5 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.10 ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS

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 Joseph J. Krupa

Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office

510 Butler Avenue, Building 306A

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 receiving and acceptance of goods/ services and 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.

Invoice must be submitted electronically.

http://www.fsc.va.gov/einvoice.asp

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 (SOW)

Statement of Work SPS Washer-Disinfectors and Cart Washer Replacement with Extended

Installation

VA Maryland Health Care System

Baltimore, MD

PURPOSE:

The overall purpose of this requirement is to procure one (1) cart washer and two (2) washer-disinfectors to be deployed in the Sterile Processing Service (SPS) at the VA Maryland Health Care System (VAMHCS), Baltimore, MD location. The requirement will account for the procurement of one cart washer and two washer-disinfectors, the necessary accessories, training, extended installation, and system validation.

SCOPE:

The contractor shall deliver and install the systems with all specified salient characteristics. Only new equipment will be accepted. The contractor shall provide shipping, transport, installation, and all equipment necessary to meet the requirements and capabilities listed within the scope.

The contractor shall deliver the cart washer and washer-disinfectors to the rooms of choice at the Baltimore VA medical center. The assembly and validation of the system must be performed by a representative who has been service trained by the Original Equipment Manufacturer (OEM). The contractor is responsible for identifying any missing parts or components not included in the order for the specified equipment to be successfully installed and validated to their full potential. The contractor shall include accessories and consumables that have been detailed on the provided quotes.

SALIENT CHARACTERISTICS

Instrument washers, automation & dedicated rack return must have:

• Operating panel with minimum 10 inch touchscreen on the loading and unloading side

• Water usage, per load, shall be automatically varied by the washer in response to the size of the load using a frequency-controlled wash pump

• Integrated data storage for over 1,000 wash cycles

• External dimension of washers must be equal to or cannot exceed 72.5” H x 35.5” W x 37.0” L

• Must have minimum net usable chamber dimensions of 24.75” W x 27”H x 31.5”D

• A thermal disinfection A0 level of at least 3000 and need to be shown on the user interface display at the end of the disinfection rinse cycle;

in order to maximize safe instrument handling by the SPS staff.

• Actual A0 value shall be displayed on the washer user interface area

• Service access shall be through easily opened panel(s) on the front of the machine

• Automation infeed conveyor on the dirty side must be powered and cannot exceed a width of 29”

• Automation outfeed conveyor on the clean side must be powered and cannot exceed a width of 29”

• Dedicated washer rack return must contain a powered window return between clean and decontamination areas

• Power window must be able to fit into 30.75” wall opening

• Must include a large backlit cycle status indicator, separate from the main control display, located on both sides of the washer (decontamination and clean sides)

• Unit must use low pressure (low impingement)/ high volume wash technology

• Two (2) flowmeters should be included to ensure proper dosing of chemicals

• Wash/rinse water should be dumped after each step in the wash/decontamination process to prevent infection control issues

• Washer must have optional networking capability for the purpose of logging of cycle information into instrument tracking software

• Unit must have fifteen (15) DIN tray capacity with wash arms, spraying both up and down, between each level.

• Unit must be able to fit three (3) full-sized trays with wash arms, spraying both up and down, between each level.

• Unit must be vented and include a built-in air exhaust damper.

• Must utilize a direct exhaust connection with a pressure not to exceed 250

CFM.

• Washer must contain a 3 HP (2200 watt) stainless steel circulation pump

• Washer must include two sensors that provide a cross check that proper water temperatures are met so if the readings deviate beyond a set tolerance a message will be displayed.

• 1 washer will be required to operate on 3-phase 480V and 1 will be required to operate on 3-phase 208V.

Cart washer must have:

• A full cycle including wash, rinse and complete dry in 8 minutes

• Water usage of 8 gallons or less per cycle

• Dual steam to air heat exchangers for fast, complete drying

• Must have usable chamber dimensions of 79 H x 39 W x 116 D

• Must have outer dimensions of 114 H x 120 W x 151 D

• External surfaces, top and sides, must be insulated

• Chamber must have a pitched angle ceiling to direct water to the sides of the chamber and minimize dripping on the washed goods

• Perforated, four section, hinged, stainless steel floor allowing for faster draining and access to the pan below

• Inward opening pivoting double walled thermo-glass doors to prevent water from dripping outside the chamber

• Large, bright status indicator easily visible from across the room on both load and unload sides

EXTENDED INSTALLATION

The contractor will perform installation in two phases, 2 washers and 1 cart washer to ensure SPS operations can continue during the equipment installation. Contractor will provide ICRA Plans and will install all necessary ICRA barriers per VAMHCS Infection control guidance and VHA requirements. Contractor will be responsible for shutting off and disconnecting all utilities and de-installing existing washers and cart washer and disposing of the removed equipment. The contractor will be responsible for all labor and materials to relocate plumbing connections as necessary to connect to new equipment.

Contractor will use existing drains and will cap off any unused lines. Contractor will be responsible for providing all labor and materials necessary for reconnecting the DI/RO water, hot and cold water and compressed air to all equipment. Contractor will provide and install sample ports for critical water (DI/RO water) testing. Contractor will provide necessary labor and material to disconnect and reconnect power to the 2 washers and 1 cart washer. Contractor will be responsible for providing labor and materials to ensure the flooring is level to equipment manufacture specifications. Contractor will match existing epoxy floor. Contractor will be responsible for patching and painting where needed.

DELIVERY

The contractor shall deliver equipment and any necessary accessories to the Baltimore VA Warehouse as required in the quantities specified. Any delivery must be coordinated with the COR prior to shipping. The contract must give the COR a minimum of 3 weeks’ notice prior to shipping. Delivered materials will arrive in manufacturer’s original sealed containers with the associated purchase order number listed on the outside of the box.

The contractor shall remove all related shipping debris and packing from the VAMHCS facilities. Delivery address will be:

Baltimore VA Medical Center

10 North Greene St.

SITE CONDITIONS

There shall be no smoking on hospital property at any time. Contractor personnel on-site may be required to wear masks to protect against the spread of COVID-19 at any time in accordance with local health guidelines. Due to the sensitive location of the equipment install, personnel on-site may be required to don and doff disposable protective clothing upon entering and exiting the space.

INSPECTION AND ACCEPTANCE

The contractor shall conduct a joint inspection with the COR upon delivery of equipment. The contractor shall provide the VA COR a list of missing and/or damaged items found upon inspection and have those items replaced at no cost to the Government. The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the VA Contracting Officer.

OPERATOR TRAINING

Onsite education and training by a vendor service trained representative will be provided to VAMHCS clinical staff, Facilities and Engineering staff, and the Biomedical Engineering staff. The scheduling of operator training shall be coordinated with the COR after delivery and installation.

PROTECTION OF PROPERTY

The contractor shall protect all items from damage. The contractor shall take precaution against damage to the building(s), grounds and furnishings. The contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor.

SECURITY REQUIREMENTS

The contractor must have a photo ID available when performing work at the VA Medical Center and be willing to present it to VA staff. The contractor is responsible for providing any personal protective equipment (PPE) that is deemed necessary to complete tasks stated in this requirement. The contractor must follow the VA Maryland Health Care Systems current COVID-19 guidance for entry to any medical center or Community Based Outpatient Clinic (CBOC).

WARRANTY

At a minimum the cart washer and washer-disinfectors and accessories must include a 1-year warranty on all parts and labor at no cost to the Government. Additional years are highly recommended as added value to the government. The warranty shall begin upon completion of validation testing. Warranty shall include onsite repairs and over the phone support. Contractor shall provide routine maintenance service program during warranty period. All repairs shall be performed by a vendor or contractor which has been certified by the vendor to perform the repairs. The warranty shall include all travel and shipping costs associated with any warranty repair.

B.3 SALIENT CHARACTERISTICS

Instrument washers, automation & dedicated rack return must have:

• Operating panel with minimum 10 inch touchscreen on the loading and unloading side

• Water usage, per load, shall be automatically varied by the washer in response to the size of the load using a frequency-controlled wash pump

• Integrated data storage for over 1,000 wash cycles

• External dimension of washers must be equal to or cannot exceed 72.5” H x 35.5” W x 37.0” L

• Must have minimum net usable chamber dimensions of 24.75” W x 27”H x 31.5”D

• A thermal disinfection A0 level of at least 3000 and need to be shown on the user interface display at the end of the disinfection rinse cycle; in order to maximize safe instrument handling by the SPS staff.

• Actual A0 value shall be displayed on the washer user interface area

• Service access shall be through easily opened panel(s) on the front of the machine

• Automation infeed conveyor on the dirty side must be powered and cannot exceed a width of 29”

• Automation outfeed conveyor on the clean side must be powered and cannot exceed a width of 29”

• Dedicated washer rack return must contain a powered window return between clean and decon areas

• Power window must be able to fit into 30.75” wall opening

• Must include a large backlit cycle status indicator, separate from the main control display, located on both sides of the washer (decon and clean sides)

• Unit must use low pressure (low impingement)/ high volume wash technology

• Two (2) flowmeters should be included to ensure proper dosing of chemicals

• Wash/rinse water should be dumped after each step in the wash/decontamination process to prevent infection control issues

• Washer must have optional networking capability for the purpose of logging of cycle information into instrument tracking software

• Unit must have fifteen (15) DIN tray capacity with wash arms, spraying both up and down, between each level.

• Unit must be able to fit three (3) full-sized trays with wash arms, spraying both up and down, between each level.

• Unit must be vented and include a built-in air exhaust damper.

• Must utilize a direct exhaust connection with a pressure not to exceed 250 CFM.

• Washer must contain a 3 HP (2200 watt) stainless steel circulation pump

• Washer must include two sensors that provide a cross check that proper water temperatures are met so if the readings deviate beyond a set tolerance a message will be displayed.

Cart washer must have:

• A full cycle including wash, rinse and complete dry in 8 minutes

• Water usage of 8 gallons or less per cycle

• Dual steam to air heat exchangers for fast, complete drying

• Must have usable chamber dimensions of 79 H x 39 W x 116 D

• Must have outer dimensions of 114 H x 120 W x 151 D

• External surfaces, top and sides, must be insulated

• Chamber must have a pitched angle ceiling to direct water to the sides of the chamber and minimize dripping on the washed goods

• Perforated, four section, hinged, stainless steel floor allowing for faster draining and access to the pan below

• Inward opening pivoting double walled thermo-glass doors to prevent water from dripping outside the chamber

• Large, bright status indicator easily visible from across the room on both load and unload sides

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

2.00 EA _______________

1003138,1003155,1003146,1003147,1003151,1003168

WASHER DISINFECTOR

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

LOCAL STOCK NUMBER: 1003168

4.00 EA _______________

Rack Instruments 3 level PRINCIPAL NAICS CODE: 339112 - Surgical and Medical

Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 647456

6.00 EA _______________

Transport cart WD 290/390 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 549156

3.00 EA _______________

Detergent holder, wall mou PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 109-8261

Install Kit PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1021257

Probe Kit, Chemical Starte PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: KIT-062

Validation Kit, Chemistry, PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1072169

SISO Automation RH control PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: SISO290-11

1.00 EA _______________

Conveyor RT-C2-G-C2 left o PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 551428

Gate, Install kit PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: KIT-084

B-US INS-GATE

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063243

7.00 EA _______________

B-US INS-AUTOMATION

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1052395

B-US-INS-WD

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1050860

B-US INS-MIS

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063639

CleanStation CS 750 (UL: C PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 162421

Elec. Cab Base Pedestal in PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1040899

Extension Kit for Tank PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 1063636

B-US ECS-CW

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063302

Spill Containment, 5 Gal, PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1003218

Kit,Installation CS750 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: IKCS750

Probe Kit, Chemical Starte PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: KIT-063

Validation Kit, Chemistry, PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 1072170

B-US INS-CS750

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063237

SmartHub Connect PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1053465

SmartHub Site PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1053485

SmartHub Dashboard PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1053480

SmartHub Machine Connectio PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 1053481

Installation Smart Hub 2.0 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1058182

Connectivity Services, Add PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063676

B-US RMV-INT-DIS

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1050861

B-US RMV-CNV

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063290

B-US RMV-DIS

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 106-3293

B-US RMV-WD

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063301

B-US RMV-DIS

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063293

B-US-RMV-DIS-CW

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063294

B-US INS-STAGED

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063272

B-US INS-FORKLIFT-FEE

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

LOCAL STOCK NUMBER: 1050863

B-US INS EXT Hours Small PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1106177

B-US INS EXT Hours Medium PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1106178

B-US INS EXT Hours Large PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1106179

B-US RMV-CW

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical

LOCAL STOCK NUMBER: 1063392

GRAND TOTAL _______________

B.5 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: VA Maryland Health Care System Baltimore VA Medical Center (512) 10 North Greene Street, USA

2.00

FOB: DESTINATION

0002 SHIP TO: VA Maryland Health Care System Baltimore VA Medical Center (512) 10 North Greene Street, 4.00

0003 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 6.00

0004 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 3.00

0005 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0006 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0007 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0008 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0009 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 1.00

0010 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0011 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0012 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 7.00

0013 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0014 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0015 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0016 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0017 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0018 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0019 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0020 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0021 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0022 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0023 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0024 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0025 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0026 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0027 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0028 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0029 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0030 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0031 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0032 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0033 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0034 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0035 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0036 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0037 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0038 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0039 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0040 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 0041 SHIP TO: VA Maryland Health Care

Baltimore VA Medical Center (512) 10 North Greene Street, 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. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a…