36C24825Q0536.docx

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6520--Dental Clinic Activation Equipment
Solicitation number
36C24825Q0536
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This document is a Solicitation/Contract (SF 1449) for Dental Clinic Activation Equipment for the Department of Veterans Affairs. The procurement is specifically set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and seeks to outfit the Bay Pines VA Healthcare System with 15 standard dental suites, 1 special case suite, and 1 surgery suite. The equipment required includes dental lights, casework, dental chairs, and delivery units, with specific technical requirements such as temperature, brightness, patient weight capacity, and ergonomic features.

The solicitation (NAICS code 339114) covers brand name or equal products, with a small business size standard of 750 employees. The anticipated solicitation release date is June 02, 2025, with quote responses due by June 13, 2025, to be submitted electronically to Moneque Rodriguez. Vendors must be registered in the System for Award Management (SAM), SBA Veteran Small Business Certification (VetCert), and SBA Dynamic Small Business Search (DSBS). The contract period is from July 01, 2025 to October 31, 2025, with a requirement that all equipment be new, FDA-approved, and fully operational, accompanied by comprehensive training and installation services.

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36C24825Q0536

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

516-25-2-213-0074

06-02-2025 Moneque Rodriguez 813-550-9486 06-13-2025 13:00

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

10,000 Bay Pines Blvd Bay Pines FL 33744

X

Y 339114 750 Employees

NET 30 Days

N/A

MCC: 90D

Department Of Veteran Affairs Bay Pines VA Clinic Building 112 10,000 Bay Pines Blvd.

Bay Pines FL 33744 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) C.W. Bill Young VA Medical Center 10000 Bay Pines Blvd.

Bay Pines FL 33744

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page See Schedule and Statement of Need

See CONTINUATION Page 516-3650160-213-824800-3131 010040175

One

Moneque Rodriguez Contracting Officer

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 STATEMENT OF NEED5
B.3 PRICE/COST SCHEDULE12
ITEM INFORMATION12
B.4 DELIVERY SCHEDULE18
SECTION C - CONTRACT CLAUSES23
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)23
C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)28
C.3 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)30
C.4 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)32
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS33
C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)33
C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)34
C.8 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY (FEB 2023)34
C.9 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)43
C.10 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)43
C.11 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)43
C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)44
C.13 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)47
C.14 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025)49
C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)49
C.16 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)51
C.17 VAAR 852.246-71 REJECTED GOODS (OCT 2018)51
C.18 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)51
C.19 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)51
C.20 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)52
C.21 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)52
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS61
SECTION E - SOLICITATION PROVISIONS62
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)62
E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES66
E.3 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)68
E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)68
E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)71
E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)72
E.7 52.211-6 BRAND NAME OR EQUAL (AUG 1999)73
E.8 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)74
E.9 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)75
E.10 52.233-2 SERVICE OF PROTEST (SEP 2006)76
E.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)76
E.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)76
E.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)77
E.14 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)78
E.15 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)78

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 Moneque Rodriguez Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

10,000 Bay Pines Blvd Bay Pines FL 33744

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

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Upon Delivery and Government Acceptance

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

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

AMENDMENT NO
DATE

B.2 STATEMENT OF NEED

Bay Pines VA Dental Clinic Activation Equipment Background:

The Bay Pines Veteran Affairs Healthcare System has a requirement for the outfitting of (15) standard dental suites, (1) Special Case suite, and (1) Surgery Suite. Each of the suites requires lighting, casework, a dental chair, and a delivery unit. For casework, each room should contain two side consoles and one console in the back of the room. The Contractor shall provide all resources necessary to accomplish the deliverables described in this Statement of Work (SOW), except as may otherwise be specified. The delivery order will be awarded as Firm-Fixed-Price. A-DEC/equivalent is the basis of design (BOD).

Scope of Work:

The Contractor is to include the storage, installation, testing and training of the equipment. The suites will require lights, casework, dental chairs, and the delivery units. The Contractor shall provide all tools and equipment necessary to properly and safely perform the services set forth within this statement of work. This shall include, but is not limited, to all Personal Protective Equipment (PPE) which may be required for the work to be completed in a safe manner. The Contractor shall provide any equipment necessary for proper infection control measures during installation. The Contractor will also be responsible for storage, delivery, installation, testing and training of the new equipment delivered. The timeline for this requirement is expected for August 2025 but may change based on the construction timeline.

Equipment:

The following equipment shall be provided and installed by the Contractor in the space determined by the Government. All equipment installed by the Contractor shall be FDA approved for use, in new condition, and fully operational in accordance with manufacturer literature specifications. A minimum of two (2) copies of any associated operational and/or service manuals shall be provided for all equipment listed below as applicable:

Lights (qty. 17)

· Must have a Temperature of 5,000K

· Must have a minimum brightness of 15,000 lux and a maximum brightness of 30,000 lux

· Must have articulating arm and articulating Light

· Must be track mounted to the grid ceiling Casework Side Consoles (qty. 34)

· Must have lockable storage for high value equipment and medical supplies.

· Must have Sinks that are foot activated

· Must have dispensers for gloves

· 17 side consoles must have sharps storage Rear Console (qty. 17)

· Must have lockable storage for high value equipment and medical supplies.

· Must have internal PC storage

· Must have compatibility for medical gasses: nitrogen and oxygen.

Dental Chairs (qty. 17)

· Must have patient rated of at least 500 lbs. (227 kg)

· Must be able to swivel at least 60 degrees

· Must be able to adjust headrest Delivery Units (qty. 17)

· Must be a 12 O'clock mount

· Must have adjustable hand piece holders

· Cavitron Steri-mate detachable sterilizable handpiece

· Intraoral Light Source

Delivery:

Confirmation of delivery location will be provided post-award. Delivery must be at the new clinic site and scheduled with the COR during the activation period of the clinic.

Delivery address and hours are Monday – Friday (Excluding National Holidays), 8am – 3:30pm:

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

Installation:

After award all project implementation meetings, shall be coordinated with the COR who will communicate with clinical services, engineering service and the construction contractor. Installation and implementation dates are to be coordinated in advance with the COR.

All employees of the Contractor and subcontractors shall comply with VA security management program and obtain the permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

All installation personnel shall be trained by the manufacturer on how to properly install the equipment. Resumes and certifications shall be submitted for review upon request by the Government.

All installation personnel shall be trained by the manufacturer on safe and proper Personal Protective Equipment (PPE) usage and general infection control regulations and requirements relevant to the work outlined in the Scope of Work.

The Contractor shall provide all labor, materials, tools, equipment etc. to prepare for and complete the installation of the equipment in the space determined by the Government.

The Contractor shall be responsible for the safe removal and disposal of all packing materials and related waste generated during installation.

Training:

The Contractor shall provide a comprehensive onsite training program for the operating clinicians. This training program shall include at the minimum the following sessions: (i) Technical Training and Operational Training. Training shall occur onsite during normal business hours, 7:00am-5pm, Monday through Friday. Competency assessments shall be provided with the training. Onsite training is to be scheduled in advance with the Bay Pines VA Healthcare System through the COR. Training shall cover detailed instruction regarding the preventative maintenance, troubleshooting, and general maintenance of the equipment.

Inspection and Acceptance The Contractor shall conduct a joint inspection with the COR upon delivery of equipment. The Contractor shall test any connections to the medical gas system, electrical/ data components, plumbing with the COR. If there are issues with any items, the Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s). The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer.

Warranty:

· It would be preferable if the contractor provides a minimum of six-month labor warranty.

· It would be preferable if the contractor provides a minimum of five-year warranty for the upholstery.

· It would be preferable if the contractor provides a minimum of ten-year warranty for the equipment.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Bay Pines VA Healthcare System records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their Bay Pines VA Healthcare System contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Bay Pines VA Healthcare System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Bay Pines VA Healthcare System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Bay Pines VA Healthcare System. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Bay Pines VA Healthcare System control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Bay Pines VA Healthcare System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Bay Pines VA Healthcare System policy.

8. The Contractor shall not create or maintain any records containing any non-public Bay Pines VA Healthcare System information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Bay Pines VA Healthcare System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Bay Pines VA Healthcare System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

c. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

SECURITY CONTROLS COMPLIANCE TESTING :

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
17.00
EA
__________________
__________________

A-DEC 511 CHAIR 493-0361 Opt,Fndtn Price,511B,No 492-8730 Sewn Upholstery 492-8550 Floor Box,Ctrd,511/311B OR EQUAL Contract Period: Base POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6520 - Dental Instruments, Equipment, and Supplies *Period of Performance (POP) is dependent upon award date and lead time.

17.00
EA
__________________
__________________

332PRO TRAD Radius Delivery System 143-8277 Fdation Price,332PRO,No Contro 143-8343 Chair Style, 511 Dental Chair, 493-0337 Opt,Tray Hldr,Sd Mt,Strd, 493-0951 Opt 1 Standard SS Tray 143-8181 Doctor's Control Pad 5i 492-8743 Intraoral Lt Source,QVIOLS 492-8775 Adtl POSN,300 492-9140 Positions,6-Pin Tubing 492-9141 pos[0],4-Hole Tubing 492-9141 pos[0],4-Hole Tubing 492-9178 Cavitron ULSNC,Steri-Mate OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

14.00
EA
__________________
__________________

A-dec 577L LED Dental Light, Track Mt 492-9100 Fndtn Price,577 LED Track OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

545,12 O'Clock ASST INSTM 492-9049 Fndtn,545 ASST INSTM,Sgl 492-8526 Asst Touchpad,Std,500 492-9296 Dual Turret,Dual Turret 493-0636 HVE,Adtl,11mm 493-0943 Opt Wtr Btl Mt f/545 Asst OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

A-dec 521 Doctor's Stool 492-9121 Foundation Price- 521 OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

A-dec 522 Asst Stool 492-9122 Foundation Price- 522 OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

Inspire Treatment Console 492-9377 Fndtn Prc,591.42In Console 492-9544 SB1003,Sub-Base f/Cab MT, 492-9525 DB1102,5 IN,7.5 IN,10 IN 492-9523 DR1203,CPU Strg 492-9532 DR1001,Bi-Fld,Side-Opn,1X 492-9540 WA1002,Wall,2X Fltg Shlvs 492-9601 591,Monitor MT OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

Inspire Side Console 492-9391 593.70L Starting Point 493-0125 Dispenser/Soap & Sanitizer 492-9563 DB3012,7.5IN,7.5IN,7.5IN 492-9563 DB3012,7.5IN,7.5IN,7.5IN 492-9612 70"SS Ctop,Lwr,Und Mt SS OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

Inspire Side Console 492-9391 593.70L Starting Point 493-0125 Dispenser/Soap & Sanitizer 492-9561 DB3011,5 IN,7.5 IN,10 IN 492-9549 DR3202,Door Strg,Sharps 492-9563 DB3012,7.5IN,7.5IN,7.5IN 492-9612 70"SS Ctop,Lwr,Und Mt SS OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

Inspire Wall-Mounted Cabinet 492-9450 DS5002,Disp,2X G/M/C/T OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

Inspire Wall-Mounted Cabinet 492-9450 DS5002,Disp,2X G/M/C/T OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

Lock CYL B,Vertical MT,90 Degree Off Set 492-1917 LK CYL.B,VERT MT,90 DEG OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

Lock Bezel,Timberline 492-2047 LK BZL,TIMBERLINE OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

68.00
EA
__________________
__________________

Screw,Flat Head,Phillips,No.5 X 5/8,Steel Nickel 492-0506 SCR,FLHD,5X5/8IN,NKL PLT, OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

Strike Plate,Slot,Timberline Lock 492-2072 STPL,SLOT,TIMBERLINE LOCK OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

17.00
EA
__________________
__________________

Lock Plug,LP-100 492-2049 LK PLUG,LP-100 OR EQUAL

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

1.00
JB
__________________
__________________

INSTALLATION

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

1.00
JB
__________________
__________________

BLANKETWRAP

POP Begin: 07-01-2025 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing

GRAND TOTAL
__________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER
SHIPPING INFORMATION
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0002
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0003
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

14.00
(Please Specify Lead Time)
FOB:
DESTINATION
0004
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0005
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0006
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0007
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0008
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0009
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0010
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0011
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0012
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0013
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0014
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

68.00
(Please Specify Lead Time)
FOB:
DESTINATION
0015
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0016
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

17.00
(Please Specify Lead Time)
FOB:
DESTINATION
0017
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

1.00
(Please Specify Lead Time)
FOB:
DESTINATION
0018
SHIP TO:
Department of Veterans Affairs

Bay Pines VA Clinic Building 112 10000 Bay Pines Blvd Bay Pines, FL 33744

USA

1.00
(Please Specify Lead Time)
FOB:
DESTINATION

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

(ii) Neither the Government nor any Government…

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