36C24818Q9262-005.docx

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BEHAVIORAL FURNATURE Federal contract opportunity
Solicitation number
36C24818Q9262
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 8

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36C24818Q9262

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.

DUNS:

DUNS+4:

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 SI

GN 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. SIGN

ATURE 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24818Q9262 06-19-2018 Hector L. Lopez 787-641-7582 x 34965 06-29-2018

09:00AM

00672 Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201 X X 337127 500 Employees N/A X See Delivery Schedule

00672 Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Behavioral Furniture See CONTINUATION Page 672-3680162-529-857500-2220 0100501X7 X X X Hector L. Lopez Burgos Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)4
B.3 Scope of Work4
B.4 PRICE/COST SCHEDULE4
ITEM INFORMATION4
B.5 DELIVERY SCHEDULE8
SECTION C - CONTRACT CLAUSES10
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)10
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)16
C.3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)16
C.4 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)16
C.5 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)17
C.6 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)17
C.7 52.234-4 EARNED VALUE MANAGEMENT SYSTEM (NOV 2016)18
C.8 VAAR 852.211-70 SERVICE DATA MANUALS (NOV 1984)19
C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)20
C.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)21
C.11 VAAR 852.246-70 GUARANTEE (JAN 2008)22
C.12 VAAR 852.246-71 INSPECTION (JAN 2008)22
C.13 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)22
C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)26
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS34
SECTION E - SOLICITATION PROVISIONS35
E.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)35
E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)35
E.3 52.216-1 TYPE OF CONTRACT (APR 1984)51
E.4 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (JUL 2013)51

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 36C248 Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

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

[]
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]Invoices will be certify by COR, once delivery is complete.

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.

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

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

AMENDMENT NO
DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes . Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 Scope of Work

Title of project:

Behavioral Furniture for the Acute Behavioral Health Inpatient Care Unit (ABHICU)

1. SUPPLIES AND ITEMS REQUESTED:

a. This package is to provide behavioral furniture to the project of the new Acute Behavioral Health Inpatient Care Unit (ABHICU) facility. This space will support mental health services for veterans. This procurement requests the necessary furniture for the new facility, considering the behavioral intensive care unit needs and requirements. The required furniture considers new seating space, patient beds, tables and patient room furniture. Those items are specified in this Statement of Work (SOW) and shall be equal or better, that will meet the government needs and the design intent of the new ABHICU facility. This furniture will be placed in the 2nd floor of the South Bed Tower Building located in the VA Caribbean Healthcare System in 10 Casia Street San Juan PR 00921-3201.

b. Furniture needed:

i. Chairs

ii. Beds

iii. Tables

iv. Patient room furniture

2. PURPOSE:

a. VA Caribbean Healthcare System (VACHS) is renovating the 2nd floor of the South Bed Tower Building located in the San Juan Puerto Rico to create the new ABHICU space. This new space requires behavioral safety elements that shall be complied based on the EPS Mental Health Guide. This package is to provide the furniture based on the behavioral requirements. The furniture design and requirements requested considers ADA laws, wheel chair accessibility, sustainability and ergonomic. These projects also look to improve the veteran experience as part of the evaluation of the mental health services.

b. Furniture has been selected and specified in compliance of the following:

i. ADA Law

ii. Infection Control

iii. Wheel chair accessibility

iv. Sustainability for Indoor Air Quality

v. Flame resistance

vi. Ergonomy

3. SQ. FOOTAGE: 6,500 sf approx.

4. ESTIMATED STAFFING:

· 30

5. WORKLOAD: N/A

6. COMPLETION DATE: 45 days after PO is granted

7. INSTALLATION:

a. Installation: NOT required.

8. TECHNICAL EXPERT/POC:

a. Name: Emmanuel Ramírez, Supervisor Interior Designer

b. Email: emmanuel.ramirez-quinones@va.gov

c. Phone: (787) 641-7582 Ext. 25343

9. REQUIREMENTS - GENERAL:

a. Furniture bids shall include and comply in their proposal with the following:

i. Specification Bid and proposal form:

1. Any substitute or similar furniture shall be presented in written to the Interior Designer. Interior Designer shall provide in written notice the approval of the furniture.

2. Proposed furniture should be equal or better to the manufacturer specified in the basis of design enclosed and described on section b. Refer to the enclosed documentation and provide a breakdown for the furniture.

3. Finishes must remain as specified to maintain the integrity of the design in tent and the home like environment. Bidder shall provide an AutoCAD 2000 dimensioned drawings, images and/or 3D models (.skp 6 or .dwg 2000) with your bid to verify size is accurate. No alternates will be accepted or bids accepted without the required information above.

4. Finishes, physical samples and cut sheets for proposed furniture should be included with submission.

b. Furniture Specifications:

i. Furniture specs:

1. General

0. All furniture shall comply with Federal Fire Resistant policy. Certification must be provided.

0. Finishes shall be submitted to Interior Designer for approval prior order being processed or manufactured.

0. Furniture shall be made of specially formulated, high impact, fire-retardant polyethylene.

0. All corners of the furniture shall be rounded.

0. Sofas, lounge chairs and other furniture items required to be closed at their base and ballast option selected.

0. Each piece shall be designed to be attached to the floor or wall.

0. All materials shall be seamless and impervious to liquids. Non-absorbent.

0. Platform Beds

7. Slightly textured maintenance free surface allows for easy cleaning. Rotationally molded, ligature resistant, specially formulated, fire-retardant, high-impact polyethylene with ultraviolet light stabilizers (to reduce fading). Chemically resistant to blood, vinegar, urine, feces, salt solution and chlorine solution. Premium material is fully compounded for superior color, fire retardancy and quality assurance. Unit is filled with rigid polyurethane foam for increased durability and sound absorption. Made in the U.S.A.

7. Flammability Test Standards Compliant with the following flammability standards: • State of California, Technical Bulletin No. 133, Flammability Test Procedure for Seating Furniture for Use in Public Occupancies • UL1056 Fire Test of Upholstered Furniture • ASTM E1537 Test Method for Fire Testing of Real Scale Upholstered Furniture Items • NFPA 261 Cigarette Ignition Resistance of Upholstered Furniture

7. Performance Test Standards • Product tested to 1,000 lbs static load

7. Environmental Test Standards GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG.

7. Warranty 10 year limited replacement warranty. Products placed in storage prior to installation should be held in a climate controlled area similar to the room where the product will be used.

7. Routine and regular cleaning maintenance, use of Simple Green® or an equivalent cleaning product. For the deep-scrub cleaning of tougher stains, marks and debris, we recommend the use of Clorox® Clean-Up® Cleaner + Bleach or an equivalent cleaning solution.

0. Restraint Rings

8. Fabrication & Material 1 /4" thick steel.

8. Environmental Test Standards GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG.

8. Warranty 10 year limited replacement warranty. Maintenance When cleaning stainless steel, use of a cleaner made especially for stainless steel products.

0. Dining Chairs

9. Fabrication & Material One-piece rotationally molded polyethylene with lightly textured maintenance free surface which allows for easy cleaning. Tamper-resistant steel encased nylon glides for floor protection. Molded-in steel threaded inserts for optional ganging side-to-side and molded in access port with threaded screw cap for sand ballast weighting capability. Rotationally molded, specially formulated, fire-retardant, high-impact polyethylene with ultraviolet light stabilizers (to reduce fading). Chemically resistant to blood, vinegar, urine, feces, salt solution and chlorine solution. Premium TruColor™ material is fully compounded for superior color, fire retardancy and quality assurance.

9. Flammability Test Standards Compliant with the following flammability standards: • State of California, Technical Bulletin No. 133, Flammability Test Procedure for Seating Furniture for Use in Public Occupancies • UL1056 Fire Test of Upholstered Furniture • ASTM E1537 Test Method for Fire Testing of Real Scale Upholstered Furniture Items • NFPA 261 Cigarette Ignition Resistance of Upholstered Furniture • UL94 HB Test for Flammability of Plastic Materials • British Standard BS 7176: 2007, High Hazard Occupancy (BS EN 1012-1: 2006, BS EN 1012-2: 2006, BS 5852: 2006)

9. Performance Test Standards • Tested to 750 lb static load • Product dynamic drop tested to a relative impact force of two times BIFMA 5.4 15.4.2 (500 lbs from 18")

9. Environmental Test Standards GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG. Plastic is Recyclable #7

9. Warranty 10 year limited replacement warranty

9. Maintenance Seats: For routine and regular cleaning maintenance, use of Simple Green® or an equivalent cleaning product. For the deep-scrub cleaning of tougher stains, marks and debris, we recommend the use of Clorox® Clean-Up® Cleaner + Bleach or an equivalent cleaning solution.

0. Mattress

10. Fabrication & Material Sealed Seam Mattress Comfortable polyurethane foam core is encased in a fire retardant polyurethane coated cover with radio frequency welded seams for enhanced hygiene, security and durability. Mattress is fluid, crack, peel, abrasion and bed bug resistant, anti-microbial, and anti-fungal. Provides a virus barrier and is resistant to delaminating for greater infection control. Features a breathable vent that repels oil, water, blood, urine and other fluids.

10. Flammability Test Standards Compliant with the following flammability standards: • 16 CFR Part 1633 • 16 CFR Part 1632 • California Technical Bulletin 129 Performance Test Standards • Tested to ASTM F1566 Hexagonal Roller Mattress Durability Test • Tested to ASTM D751 Hydrostatic Resistance Test for Coated Fabrics

10. Environmental Test Standards GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG.

10. Warranty 5 year limited prorated warranty against seam failure and cover material cracking. (Full warranty details available upon request.)

10. Maintenance • Use hospital-grade cleaner or bleach/water solution on the entire mattress • Completely rinse with clean water (do not submerge) • After cleaning, dry the mattress cover thoroughly.Do not place wet mattress onto a sleep surface.

0. Nightstands

11. Fabrication & Material Base: Slightly textured, maintenance-free surface allows for easy cleaning. Rotationally molded, specially formulated, fire-retardant, high-impact polyethylene with ultraviolet light stabilizers (to reduce fading). Chemically resistant to blood, vinegar, urine, feces, salt solution and chlorine solution. Premium TruColor™ material is fully compounded for superior color, fire retardancy and quality assurance. Unit is filled with rigid polyurethane foam for increased durability and sound absorption. Top: 45 lb density M3 grade particle board with embedded T-nuts for mechanically attaching top to base with a secure steel-to-steel connection. Decorative high-pressure laminate sealed with a specially formulated, highly durable molded edge. Edge is radiused for safety and pressure fused to the top, making it highly sanitary.

11. Flammability Test Standards Compliant with the following flammability standards: • State of California, Technical Bulletin No. 133, Flammability Test Procedure for Seating Furniture for Use in Public Occupancies • UL1056 Fire Test of Upholstered Furniture • ASTM E1537 Test Method for Fire Testing of Real Scale Upholstered Furniture Items • NFPA 261 Cigarette Ignition Resistance of Upholstered Furniture

11. Environmental Test Standards GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG.

11. Installation Anchors required for permanently attaching to floor.

11. Warranty 10 year limited replacement warranty.

11. Maintenance For routine and regular cleaning maintenance, use of Simple Green® or an equivalent cleaning product. For the deep-scrub cleaning of tougher stains, marks and debris, we recommend the use of Clorox® Clean-Up® Cleaner + Bleach or an equivalent cleaning solution. Tops: For wood products, recommends using a mild wood cleaner for routine and regular cleaning maintenance. For the deep-scrub cleaning of tougher stains, marks and debris, we recommend the use of a regular-strength wood cleaner.

0. Shelf unit

12. Fabrication & Material Slightly textured maintenance free surface allows for easy cleaning. Rotationally molded, specially formulated, fire-retardant, high-impact polyethylene with ultraviolet light stabilizers (to reduce fading). Chemically resistant to blood, vinegar, urine, feces, salt solution and chlorine solution. Premium TruColor™ material is fully compounded for superior color, fire retardancy and quality assurance. Unit is filled with rigid polyurethane foam for increased durability and sound absorption.

12. Flammability Test Standards Compliant with the following flammability standards: • State of California, Technical Bulletin No. 133, Flammability Test Procedure for Seating Furniture for Use in Public Occupancies • UL1056 Fire Test of Upholstered Furniture • ASTM E1537 Test Method for Fire Testing of Real Scale Upholstered Furniture Items • NFPA 261 Cigarette Ignition Resistance of Upholstered Furniture

12. Environmental Test Standards GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG.

12. Groove along mounting surface for caulk application.

12. Warranty 10 year limited replacement warranty.

0. Tables

13. Fabrication & Material Base: One-piece rotationally molded polyethylene with lightly textured maintenance free surface which allows for easy cleaning. Specially formulated, fire-retardant, high-impact polyethylene with ultraviolet light stabilizers (to reduce fading). Chemically resistant to blood, vinegar, urine, feces, salt solution and chlorine solution. Premium TruColor™ material is fully compounded for superior color, fire retardancy and quality assurance. Laminate Top: Selected laminate material bonded to a core of 45 lb density particle board with embedded T-nuts for securing top to base. Polyurethane edge is radiused for safety and pressure fused to the top, rendering it firmly attached and highly sanitary. 11 /2" thick edge profile.

13. Flammability Test Standards Molded Base is compliant with the following flammability standards: • State of California, Technical Bulletin No. 133, Flammability Test Procedure for Seating Furniture for Use in Public Occupancies. • UL1056 Fire Test of Upholstered Furniture • ASTM E1537 Test Method for Fire Testing of Real Scale Upholstered Furniture Items • NFPA 261 Cigarette Ignition Resistance of Upholstered Furniture • UL94 HB Test for Flammability of Plastic Materials • British Standard BS 7176: 2007, High Hazard Occupancy (BS EN 1012-1: 2006, BS EN 1012-2: 2006, BS 5852: 2006) Performance Test Standards • Product tested to 1,000 lb static load

13. Environmental Test Standards GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG

0. Lounge chairs

14. Fabrication & Material Frame: One-piece rotationally molded polyethylene with lightly textured surface allows for easy cleaning. Specially formulated, fire-retardant, high-impact polyethylene with ultraviolet light stabilizers (to reduce fading) is chemically resistant to blood, vinegar, urine, feces, salt solution and chlorine solution. Premium TruColor™ material is fully compounded for superior color, fire retardancy and quality assurance. Molded-in access port with threaded screw cap for ballast weighting capability. Non-removable steel encased nylon glides for floor protection. Back: 5" polyurethane foam is fully upholstered and stapled to high strength plywood. Plywood is connected to the frame with tamper-resistant hardware and embedded steel T-nuts for a secure steel-to-steel connection. Seat: Upholstered 4" polyurethane foam with a 6" bullnose stapled to high strength plywood. Plywood is connected to the frame with tamper-resistant hardware and embedded steel T-nuts for a secure steel-to-steel connection. The seat features both a side and back cleanout for easy cleaning.

14. Flammability Test Standards Optional upgrade for compliance with the following standards: • State of California, Technical Bulletin No. 133, Flammability Test Procedure for Seating Furniture for Use in Public Occupancies • UL1056 Fire Test of Upholstered Furniture • ASTM E1537 Test Method for Fire Testing of Real Scale Upholstered Furniture Items Performance Test Standards • Tested to 750 lb static load • Meets or exceeds the requirements of ANSI/BIFMA X5.4-2012

14. Environmental Test Standards GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG.

14. Replacement cushions are available and easily installed in the field. Seat and backs are available in different fabrics.

14. Upholstered flammability standard upgradeable to TB133.

14. Warranty 10 year limited replacement warranty

14. Maintenance Seats: For routine and regular cleaning maintenance, use of Simple Green® or an equivalent cleaning product. For the deep-scrub cleaning of tougher stains, marks and debris, we recommend the use of Clorox® Clean-Up® Cleaner + Bleach or an equivalent cleaning solution. Upholstery: Refer to Upholstery Manufacturers' cleaning instructions.

0. Chairs and ottoman

15. Fabrication & Material One-piece rotationally molded, flexible 250 mil. polyvinyl chloride skin filled with flexible polyurethane foam that contains 2 part water-based polyurethane. Attached with tamper resistant fasteners to a rotationally molded LLDPE (linear low density polyethylene) base. Chemically resistant to blood, vinegar, urine, feces, salt solution and chlorine solution.

15. Flammability Test Standards: Compliant with the following flammability standards: • State of California, Technical Bulletin No. 133, Flammability Test Procedure for Seating Furniture for Use in Public Occupancies • UL1056 Fire Test of Upholstered Furniture • ASTM E1537 Test Method for Fire Testing of Real Scale Upholstered Furniture Items • NFPA 261 Cigarette Ignition Resistance of Upholstered Furniture • British Standard BS 7176: 2007, High Hazard Occupancy (BS EN 1012-1: 2006, BS EN 1012-2: 2006, BS 5852: 2006) Performance Test Standards • Product tested to 750 lb static load • Product dynamic drop tested to a relative impact force of two times BIFMA 5.4 15.4.2 (500 lbs from 18”) • Meets or exceeds the requirements of ANSI/BIFMA X5.4-205

15. Environmental Test Standards GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG.

15. Warranty 10 year limited replacement warranty.

15. Maintenance For routine and regular cleaning maintenance, use of Purple Power® Cleaner, a product that is readily available online and in stores that sell cleaning supplies. For the deep-scrub cleaning of tougher stains, marks and debris – including denim stains when cleaned often and soon after the dye appears – we recommend the use of World’s Best Sensitive Surface Graffiti Remover.

Description
QTY
Unit
ATN101 Platform Bed Bolt-Down Color: Canyon
11
EA
ATN101 Platform Bed Bolt-Down Color: Meadow
11
EA
ATNR06N Restraint Rings
44
EA
MRS6-3680 Remedy Silver Mattress
22
EA
PRS-1721 Remedy Pillow
22
EA
ATN255 Deluxe Nightstand Base Color: Canyon, Top: Wild Cherry
11
EA
ATN255 Deluxe Nightstand Base Color: Meadow, Top: Wild Cherry
11
EA
ATN401 4 Shelf Unit Color: Canyon
11
EA
ATN401 4 Shelf Unit Color: Meadow
11
EA
FT630 Forte Café Table 48" Dia. Base Color: Fossil, Top: Wild Cherry
6
EA
JB4200GT Jupiter Table 42" Dia Base Color: Fossil, Top: Game
2
EA
FC600 Forte Dining Chairs with Arms Color: Canyon
15
EA
FC600 Forte Dining Chairs with Arms COLOR: Meadow
15
EA
FC600 Forte Guest Chair with Arms Color: Meadow
24
EA
FC600 Forte Cuest Chair with Arms Color: Canyon
24
EA
Hondo Nuevo Arm Chair Color: Meadow, HN800.HN850 Molded Plinth Base
8
EA
Hondo Nuevo Arm Chair Color: Canyon, HN800.HN850 Molded Plinth Base
8
EA
Harmony High Back Chair, LA-4C01046C010 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps, Tessuto Malta C010
2
EA
Harmony Sofa LE-1D024-4-D024-AD024 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps, Cirque Vista D024
1
EA
Mix Up Large Round, Raven Base C010 Tessuto Malto, Ballasting MU980
1
EA
Mix Up Square, Raven Base D024 Cirque Vista, Ballasting MU970
1
EA
HN815/HN850 Hondo Nuevo Cube Molded Plinth Base/Color: Graphite
4
EA
Harmony Sofa, LE-1D026-4-D026-AD026 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps, Cirque Spring D026
1
EA
Harmony Arm Chair LA-1C017-4-C017-AC017 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps,Tessuto Olive C017
4
EA
Harmony Arm Chair LA-1D026-4-D026-AD026 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps, Cirque Spring D026
2
EA
Mix Up Large Round, Raven Base Tessuto Olive C017, Ballasting MU980
1
EA
Mix Up Small Round, Raven Base Cirque Spring D026, Ballasting MU985
2
EA
Forte Guest Arm Chair, FC600, River Rock
22
EA
Forte Café Table, 48" Dia., Laminate Top CA4800MA FT630
6
EA

a. Sustainability:

i. VACHS is identifying sustainable objectives and practice to meet requirements and impacts from the Executive Order (EO) 13423, Strengthening Federal Environmental, Energy, and Transportation Management (2007) and the EO 13514, Federal Leadership in Environmental, Energy, and Economic Performance (2009).

ii. The initiative presented above, requires the purchase of furniture and equipment from companies who have a sustainable or “green” program in manufacture and product development.

2. ADDITIONAL SPECIFICATIONS:

a. FREIGHT, SHIPPING AND HANDLING

1. Shipping Department of Veterans Affairs Caribbean Healthcare System c/o Interstate Warehouse 3700 Port Parkway Jacksonville FL, 32226

3. Proposal:

a. Pricing should be broken down by item as shown above and not to include installation. A summary pricing sheet required

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
11.00
EA
__________________
__________________

"a. This package is to provide to the new ABHICU project with the necessary furniture (enclosed in the following specifications) for their new facilities to be activated. The required furniture in gen

11.00
EA
__________________
__________________

ATN101 Platform Bed Bolt-Down Color: Meadow

44.00
EA
__________________
__________________

ATNR06N Restraint Rings

22.00
EA
__________________
__________________

MRS6-3680 Remedy Silver Mattress

22.00
EA
__________________
__________________

PRS-1721 Remedy Pillow

11.00
EA
__________________
__________________

ATN255 Deluxe Nightstand Base Color: Canyon, Top: Wild Cherry

11.00
EA
__________________
__________________

ATN255 Deluxe Nightstand Base Color: Meadow, Top: Wild Cherry

11.00
EA
__________________
__________________

ATN401 4 Shelf Unit Color: Canyon

11.00
EA
__________________
__________________

ATN401 4 Shelf Unit Color: Canyon

11.00
EA
__________________
__________________

ATN401 4 Shelf Unit Color: Meadow

6.00
EA
__________________
__________________

FT630 Forte Caf? Table 48" Dia. Base Color: Fossil, Top: Wild Cherry

2.00
EA
__________________
__________________

JB4200GT Jupiter Table 42" Dia Base Color: Fossil, Top: Game

15.00
EA
__________________
__________________

FC600 Forte Dining Chairs with Arms Color: Canyon

24.00
EA
__________________
__________________

FC600 Forte Guest Chair with Arms Color: Meadow

24.00
EA
__________________
__________________

FC600 Forte Cuest Chair with Arms Color: Canyon

8.00
EA
__________________
__________________

Hondo Nuevo Arm Chair Color: Meadow, HN800.HN850 Molded Plinth Base

8.00
EA
__________________
__________________

Hondo Nuevo Arm Chair Color: Canyon, HN800.HN850 Molded Plinth Base

2.00
EA
__________________
__________________

Harmony High Back Chair, LA-4C01046C010 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps, Tessuto Malta C010

1.00
EA
__________________
__________________

Harmony Sofa LE-1D024-4-D024-AD024 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps, Cirque Vista D024

1.00
EA
__________________
__________________

Mix Up Large Round, Raven Base C010 Tessuto Malto, Ballasting MU980

1.00
EA
__________________
__________________

Mix Up Square, Raven Base D024 Cirque Vista, Ballasting MU970

4.00
EA
__________________
__________________

HN815/HN850 Hondo Nuevo Cube Molded Plinth Base/Color: Graphite

1.00
EA
__________________
__________________

Harmony Sofa, LE-1D026-4-D026-AD026 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps, Cirque Spring D026

4.00
EA
__________________
__________________

Harmony Arm Chair LA-1C017-4-C017-AC017 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps,Tessuto Olive C017

2.00
EA
__________________
__________________

Harmony Arm Chair LA-1D026-4-D026-AD026 Square Back, Full Apron, Standard Fit, Closed Bottom Raven Arm Caps, Cirque Spring D026

1.00
EA
__________________
__________________

Mix Up Large Round, Raven Base Tessuto Olive C017, Ballasting MU980

2.00
EA
__________________
__________________

Mix Up Small Round, Raven Base Cirque Spring D026,Ballasting MU985

22.00
EA
__________________
__________________

Forte Guest Arm Chair, FC600, River Rock

6.00
EA
__________________
__________________

Forte Caf? Table, 48" Dia., Laminate Top CA4800MA FT630

1.00
EA
__________________
__________________

Estimated Freight

GRAND TOTAL
__________________

B.5 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE

11.00

11.00

44.00

22.00

22.00

11.00

11.00

11.00

11.00

11.00

6.00

2.00

15.00

24.00

24.00

8.00

8.00

2.00

1.00

1.00

1.00

4.00

1.00

4.00

2.00

1.00

2.00

22.00

6.00

1.00

36C24818Q9262

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

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

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

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

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

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly…

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