36C24823Q1223_1.docx

Attachment C – Limitations on Subcontracting (LOS) 36C24823Q1223

GENERAL INFORMATION

Network Contracting Office 8 (NCO 8) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744

POINT OF CONTACT*

Contract Specialist Janice Fornaro janice.fornaro@va.gov See email address above

PLACE OF PERFORMANCE

Warehouse Building #110

10,000 Bay Pines Boulevard

Bay Pines Florida

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation

Contracting Office Address:

Network Contracting Office (NCO) 8 ATTN: Janice Fornaro - Contract Specialist 10,000 Bay Pines Blvd Bay Pines FL 33744

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Department of Veterans Affairs, C.W. Bill Young VA Healthcare System, Contracting Office, Bay Pines, FL, 33744, has a need to purchase Kitchen Equipment See Salient Characteristics – Attachment A (Brand Name or Equal). The RFQ number is 36C24823Q1223.

The government anticipates making an award as a firm-fixed price contract resulting from this solicitation. This combined synopsis solicitation RFQ and the provisions and clauses incorporated are those in effect through Federal Acquisition Circular FAC 2023-02 (03/16/2023).

The North American Industrial Classification System (NAICS) code for this procurement is 333241, standard size is 500 employees. The combined synopsis solicitation is for 100% Set- Aside for Service-Disabled Veteran Owned Small Business (SDVOSB). If award cannot be made, the solicitation will be cancelled, and the requirement resolicited. Responses shall be on an all or none basis, no partial submissions will be accepted. New product(s) only. The Government reserves the right to make no award at all. Quotes must be valid for 60 days. Additionally, Offerors must provide an Authorized Distributor Letter and the Limitations on Subcontracting with their quote.

Offers must provide an explanation of how their product meets each individual salient characteristics on Attachment A.

All quotes are due by June 1, 2023; No later than (NLT) 10:00 AM Eastern Standard Time (EST) via e-mail to: janice.fornaro@va.gov. Offers received after the exact time specified in the solicitation are considered late and, may at the discretion of the Contracting Officer, be considered if the action would not unduly delay the acquisition or are deemed to be in the best interest of the Government. Use 36C24823Q1223 in the subject line when emailing quotes.

Please provide a delivery date when submitting your quote. It is anticipated that the Contract shall provide delivery date of 80 days after award (negotiable upon acceptance of lowest price technically acceptable (LTPA)).

ATTACHMENTS:

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

STATEMENT OF NEED/SALIENT CHARACTERISTICS

Main Kitchen Renovation Project GENERAL: C.W. Bill Young Veterans’ Hospital, 10,000 Bay Pines Blvd Bldg. 100, Bay Pines, Florida 33744, has a requirement for a complete renovation kitchen equipment. This new equipment is based on the market research obtained from TriMark and will facilitate a room service model to serve meals for our veterans.

SCOPE: Nutrition and Food Services is requesting contractors provide brand name or equal equipment that meets or exceed the physical, functional and performance of the listed salient characteristics obtained from the marketing research.

SOFTWARE: N/A

TRAINING: Contractor is to provide a one-time training at installation of equipment.

WARRANTY OF EQUIPMENT: Government requirement for standard manufacturer industry warranty term. Government does not accept extended warranty, which requires advance payment.

DELIVERY SCHEDULE: All items to be delivered no later than 60-days after receipt of award (ARO).

PLACE OF Delivery: C.W. Bill Young Veterans’ Hospital, 10,000 Bay Pines Blvd, Bldg., #110 Warehouse, Bay Pines, Florida 33744.

Convected Air Dish Heater Qty 3 (Same or like Aladdin Temp-Rite Model # DH07) Item 71 Shall have/be:

· Must be able to hold no less than (120) 9” china dishes

· Must have 2 dispensing columns

· No more than 208 volts

· Must be NSF certified MOBILE HEATED CABINET QTY 3 (Same or like Winston Foodservice Model # HOV7-14UV) Item 97

Shall have/be:

· Must be insulated and convection holding

· Must accommodate a minimum of (14) 18" x 26"sheet pans or (28) 13" x 18"sheet pans or (28) 12" x 20" hotel pans

· No less than load limit 65 lbs. (29.25kg) per rack

· Must have (2) field reversible hinged solid dutch doors with magnetic door handle

· Must have capacity for HACCP temperature downloads

· Must have ON/OFF fan control

· Manual water fill capacity

· Must be Stainless-steel interior & exterior

· Each unit (3) must have a minimum of 1 year limited warranty for equipment operated in the US & Canada

· A minimum of 120v/60/1-ph, 229 watts, 19.1 amps, NEMA 5-20P

· Must be left hand

· Must have a window in both upper and lower front doors

· Must have 3” plate casters (2) w/ brakes standard

· Must have full perimeter bumpers with 5” casters (2 locking, 2 non locking

· Must be CE, UL EPH ANSI/NSF4, cUL, UL-Sanitation certified

Induction Range Electric QTY 2 (Same or like Garland/US Range Model # GME36-120C) Item 106

Shall have/be:

· Minimum of (4) 5.0 kW hobs

· Minimum of 28.5” x 28.5” cooking surface

· Must have automatic pan detection & boil dry protection

· Must have a convection oven base

· Minimum of 3 oven racks

· Must be Stainless Steel construction

· Maximum of 26.8kW, 120/208v/60/3-ph, 82.2 amps (NET)

· Must come with (2) 2 year limited parts and labor warranty standard

· Must have (2) casters, non height adjustable and non-marking polyurethane (NET)

· Must be NSF certified

Soft Serve Machine QTY 1 (Same or like Taylor Company Model # C708) Item 140

Shall have/be:

· Must be self contained counter model w/ door interlock system

· Must have single flavor pump

· Must have a heat treatment system and air cooled

· Minimum 20 quart hopper

· Minimum 3.4 quart freezing cylinder

· Must have indicator lights

· Must have touch screen controls and stand by mechanism

· Must have Stainless Steel finish

· Minimum 1-1/2 HP motor

· Maximum 208-230v/60/3-ph, 15 amps

· Must be NSF, cULus certified

RAPID COOK OVEN Qty.2 (Same or like TurboChef Model No. BULLET) Item 152 Shall have/be:

· Must be Convection/Microwave Oven Rapid Cook

· Maximum 21.1" wide ventless countertop

· Must have fully insulated cook chamber

· Minimum 256 recipes storage capacity

· Must have internal catalytic convertor

· Must have smart voltage sensor technology

· Must have digital display with touch control & WIFI

· Must have removable rack and grease collection pan

· Must have pull down door ergonomic handle

· Must have 13 ½ " x 14 ¼ (2) solid PTFE baskets

· Must include (1) oven cleaner, (1) oven guard, (1) aluminum paddle,

(2) triggers sprayers, (1) baking stone

· Must have side hand grips, stainless steel front, top & sides

· Must be cULus, CE, UL, EPH Classified, ANSI/NSF 4, TUV certified

· Must include one-year parts and labor warranty

· Maximum 208/240v/60/1-ph, 30 amps, 6-foot cord (nominal) NEMA 6-30P MICROWAVE STEAMER OVEN Qty.1 (Same or like Panasonic Model No.NE-2180) Item 153

Shall have/be:

· Must be ventless

· Must be 2100 Watts

· Minimum 1.6 cu ft. capacity

· Must be connectionless

· Must have rethermalizer

· Must have at least (5) power levels

· Must have a minimum of (4) heating elements

· Must have 3 stage cooking

· Must have a minimum 16 program memory capacity

· Must have digital display

· Must have dial timer

· Must have removable center shelf

· Must have see thru drop down door

· Must be stainless steel cabinet & cavity

· Must be cULus NSF certified

· Must include 1-year parts and labor warranty & 3 years magnetron warranty

· Maximum 208v/60/1-ph, 20.0 amps, NEMA 6-30P Heated Holding/Warming Bin Qty.1 (Same or like Merco Model # MHG22SAB1N) Item 157

Shall have/be:

· Must be an electric heat holding cabinet countertop

· Minimum (2) shelves and (2) trays per shelf capacity

· Must have dual heat technology w/ heated convective airflow

· Must have digital controls

· Must have flushed mount timer bars w/ USB

· Must be Stainless Steel construction

· Must include1-year parts & labor warranty

· Maximum 120v/60/1-ph, NEMA 5-15P, 1330 Watts, 11.1 amps

· Must be cULus, UL EPH, NSF certified RAPID COOK OVEN Qty.1 (Same or like TurboChef Model No. SOTA) Item 187 Shall have/be:

· Must be Convection/Microwave Oven Rapid Cook

· Must have 16" wide ventless countertop

· Must have fully insulated cook chamber

· Minimum 256 recipes storage capacity

· Must have internal catalytic convertor

· Must have smart voltage sensor technology

· Must have digital display with touch control, LED timer & WIFI

· Must have removable rack and bottom jet plate

· Must have pull down door ergonomic handle

· Must include panini grill rack and tray

· Must include (1) solid aluminum pan (1) oven cleaner, (1) oven guard, (1) aluminum paddle, (2) triggers sprayers, (1) standard rack

· Must be Stainless Steel interior, powder coated, corrosion resistant steel outer wrap and door

· Must be cULus, CE, UL, EPH Classified, ANSI/NSF 4, TUV certified

· Must include one-year parts and labor warranty

· Maximum 208/240v/60/1-ph, 30 amps, 6-foot cord (nominal) NEMA 6-30P

Rice/Grain Cooker Qty.1 (Same or like Panasonic Model No. SR-42HZP) Item 188 Shall have/be:

· Minimum (46) cups cooked rice capacity, serves approximately (94) 3oz portions

· Minimum (8) hours keep warm feature

· Must have push button start and automatic shut off

· Must have built-in double thermal fuse

· Must include anodized aluminum pan w/ stainless steel lid and measuring cup

· Must be cULus, ETLus, NSF, certified

· Must include 1 year parts and labor warranty

· Maximum 120v/60/1-ph, 13 amps, 1550 watts, cord w/ NEMA 5-15P

Greaseless Air Fryer Qty.1 (Same or like Quik N Crispy Model No. 900007) Item 189 Shall have/be:

· Must be 16-1/2”W x 16-1/2”D x 3”H cooking basket

· Must have 3-1/2” color LCD touchscreen

· Minimum storage (15) programmable recipes

· Must be cULus, UL, NSF, certified

· Must include 1 year parts & 90 days labor warranty

· Maximum 208v/50/60/1-ph, 29 amps, 5.76kW, NEMA 6-30P

(End of SON/Salient Characteristics)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

CONVECTED AIR DISH HEATER Aladdin Temp-Rite Model No. DH07 Convected Air Dish Heater, 9 inch, 2 tubes, 208 volt (120 9" China Dish capacity) - BRAND NAME OR EQUAL.

Contract Period: Base POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): DH07

LOCAL STOCK NUMBER: DH07

MOBILE HEATED CABINET CVapr Holding Cabinet, mobile, full-size, insulated, convection holding, accommodates (14) 18" x 26" sheet pans or (28) 13" x 18" sheet pans or (28) 12" x 20" hotel pans, load limit 65 lbs (29.25 kg) per rack, (2) field reversible hinged solid dutch doors, magnetic door handle, C-Touch control with processor, HACCP temperature downloads, CVap technology, wireless programming, USB & audio ports, on/off fan control, manual water fill, stainless steel interior & exterior, CE, UL EPH ANSI/NSF4, cUL, UL-Sanitation 3 ea 1 year limited warranty is standard (excluding gaskets, lamps, hoses, power cords, glass panels & evaporators) - for equipment operated in the US & Canada 3 ea 120v/60/1-ph, 2292 watts, 19.1 amps, NEMA 5-20P 3 ea Left hand 3 ea Window in both upper & lower front doors 3 ea 3" Plate casters (2) with brakes 3 ea Full-perimeter bumpers with 5" casters (2 locking, 2 non-locking) NOTE: RFQ INCLUDES INTERNATIONAL WARRANTY - PLEASE CONFIRM IF THIS IS NEEDED ON THIS UNIT. BRAND NAME OR EQUAL.

POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): HOV7-14UV

LOCAL STOCK NUMBER: HOV7-14UV

INDUCTION RANGE, FLOOR MODEL Master Induction Range, electric, floor model, (4) 5.0 kW hobs, 28.5" x 28.5" cooking surface, RTCSmp technology, automatic pan detection & boil dry protection, convection oven base, (3) oven racks, Ceranr glass top, stainless steel construction, 26.8kW, 120/208v/60/3-ph, 82.2 amps 2 ea 2 year limited parts & labor warranty, standard 2 ea Casters, non-height adjustable, non-marking polyurethane BRAND NAME OR EQUAL.

POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): GME36-120C

LOCAL STOCK NUMBER: GME36-120C

SOFT SERVE MACHINE Taylor Company Model No. C708 Crownr Series Soft Serve Freezer, counter model, self-contained, single flavor pump, heat treatment, 20 qt. hopper, 3.4 qt. freezing cylinder, indicator lights, touch screen controls, standby, stainless steel finish, R449A, 1-1/2 HP motor, NSF, cULus (Go to the Taylor web site link to locate your distributor for pricing & warranty information) 1 ea Air-cooled 1 ea 208-230v/60/3-ph, 15.0 amps FOB DESTINATION = BRAND NAME OR EQUAL.

POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): C708

LOCAL STOCK NUMBER: C708

RAPID COOK OVEN TurboChef Model No. BULLET (ENC-9600-801) BulletT Convection/Microwave Oven, Rapid Cook, electric, 21.1" wide, ventless, countertop, fully insulated cook chamber, stores over 1,000 recipes, internal catalytic converter, smart voltage sensor technology (US only), high level user interface digital display with wifi, removable rack and grease collection pan, bottom jet plate, pull down door with ergonomic handle, 13 1/2" x 14 1/4, (2) solid PTFE baskets, (1) oven cleaner (1) oven guard, (1) aluminum paddle, (2) trigger sprayers, (1) baking stone, side hand grips, stainless steel front, top & sides, cULus, CE, UL EPH Classified, ANSI/NSF 4, TUV 2 ea One year parts and labor warranty 2 ea 208/240v/60/1-ph, 30.0 amps, 6 foot cord (nominal), NEMA 6-30P, standard FOB DESTINATION = BRAND NAME OR EQUAL.

POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): BULLET

LOCAL STOCK NUMBER: BULLET

MICROWAVE STEAMER OVEN Panasonic Model No. NE-2180 PRO2 Sonic Steamer Microwave Oven, ventless, 2100 Watts, 1.6 cu ft. capacity, connectionless, rethermalizer, (5) power levels, (4) heating elements, 3-stage cooking, 16 program memory capacity, digital display, dial timer, removable center shelf, see-thru drop down door, stainless steel cabinet & cavity, cULus, NSF 1 ea 1 year parts & labor warranty and 3 year magnetron warranty (labor for magnetron replacement is not covered in years 2 and 3) 1 ea 208v/60/1-ph, 20.0 amps, NEMA 6-30P, standard BRAND NAME OR EQUAL.

POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): NE-2180

LOCAL STOCK NUMBER: NE-2180

HEATED HOLDING / WARMING BIN Merco Model No. MHG22SAB1N MercoMaxT Heated Holding Cabinet, electric, countertop, (2) shelves, (2) trays per shelf capacity (trays not included), DuoHeat technology with heated convective airflow, digital controls, flush mount timer bars, USB, stainless steel construction, 1330 watts, 11.1 amps, 120v/60/1-ph, NEMA 5-15P, cULus, UL EPH Classified, Made in USA 1 ea 1 year parts & labor warranty, standard BRAND NAME OR EQUAL.

POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): MHG22SAB1N

LOCAL STOCK NUMBER: MHG22SAB1N

RAPID COOK OVEN TurboChef Model No. SOTA SotaT Convection/Microwave Oven, Rapid Cook, electric, 16" wide, ventless, countertop, insulated cook chamber, stores up to 256 recipes, internal catalytic converter, LED timer, pull down door with ergonomic handle, multi-speed convection blower, removable rack and bottom jetplate, smart voltage sensor technology (US only), includes (2) solid aluminum pan, (1) oven cleaner, (1) oven guard, (1) aluminum paddle, (2) trigger sprayers, (1) standard rack, stainless steel interior, powder coated, corrosion-resistant steel outer wrap and door, 4" legs, cULus, CE, UL EPH Classified, ANSI/NSF 4, TUV 1 ea One year parts and labor warranty 1 ea 208/240v/60/1-ph, 30.0 amps, 6.2 kW, 6 foot cord (nominal), NEMA 6- 30P 1 ea I1-3221 Kit, Panini Grill Rack & Tray, for Sota oven FOB DESTINATION = BRAND NAME OR EQUAL.

POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): SOTA

LOCAL STOCK NUMBER: SOTA

RICE / GRAIN COOKER Panasonic Model No. SR-42HZP Commercial Rice Cooker, electric, (46) cups cooked rice capacity, serves approximately (94) 3 oz. portion servings, keep warm feature (8 hours), push button start, automatic shut-off, built-in double thermal fuse, anodized aluminum pan with stainless steel lid, includes measuring cup, silver exterior, 120v/60/1-ph, 13.0 amps, 1550 watts, cord with NEMA 5-15P, cULus, ETLus, NSF 1 ea 1 year parts & labor warranty BRAND NAME OR EQUAL.

POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): SR-42HZP

LOCAL STOCK NUMBER: SR-42HZP

FRYER, GREASELESS AIR Quik N Crispy Model No. 900007 GF5 Greaseless Fryer, 16-1/2"W x 16-1/2"D x 3"H cooking basket, 3-1/2" color LCD touchscreen, USB port, stores (15) programmable recipes, 208v/50/60/1-ph, 29.0 amps, 5.76 kW, NEMA 6-30P, cULus, UL Classified, Made in USA 1 ea 1 year parts, 90 days labor warranty, standard BRAND NAME OR EQUAL.

POP Begin: 06-09-2023 POP End: 08-07-2023 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

MANUFACTURER PART NUMBER (MPN): 900007

LOCAL STOCK NUMBER: 900007

B.3 DELIVERY SCHEDULE

Warehouse Building #110 Bay Pines, FL 33744

USA

727-398-6661

Warehouse Building #110 Bay Pines, FL 33744

USA

Warehouse Building #110 Bay Pines, FL 33744

USA

Warehouse Building #110 Bay Pines, FL 33744

USA

Warehouse Building #110 Bay Pines, FL 33744

USA

Warehouse Building #110 Bay Pines, FL 33744

USA

Warehouse Building #110 Bay Pines, FL 33744

USA

Warehouse Building #110 Bay Pines, FL 33744

USA

Warehouse Building #110 Bay Pines, FL 33744

USA

Warehouse Building #110 Bay Pines, FL 33744

USA

Attachment A – Statement of Need/Salient Characteristics and Schedule 36C24823Q1223

Page 1 of Table of Contents

36C24823Q1223

Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 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) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

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

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [X] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of…