36C24826Q1290 Solicitation.docx
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- Solicitation number
- 36C24826Q1290
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) for preventative and corrective maintenance services on Lumenis Pulse 120H Laser systems at the C.W. Bill Young VA Medical Center in Bay Pines, Florida, and Lee County VA Clinic in Cape Coral, Florida.
The Department of Veterans Affairs, Network Contracting Office 8, is issuing this firm-fixed-price sole-source procurement under solicitation number 36C24826Q1290, with an offer due date of September 30, 2026 at 10:00 AM EDT and an anticipated award/effective date of October 8, 2026. The contract consists of a 12-month base period (October 8, 2026 to October 7, 2027) plus four optional one-year periods through October 7, 2031. The contract encompasses three Lumenis Pulse 120H laser systems: two units (Serial #417 and #2162) at Bay Pines VA Medical Center and one unit (Serial #2101) at Lee County VA Clinic. The contractor shall provide all labor, equipment, materials, tools, transportation, and supervision necessary to maintain these systems in accordance with manufacturer specifications, including emergency repair services, unlimited parts, preventive maintenance, software updates, technical support, and 24/7 phone support. The statement of work requires two preventive maintenance inspections annually, 98% operational uptime during normal business hours (Monday-Friday, 8:00 AM to 5:00 PM excluding federal holidays), 24-hour response time for service requests with 2-hour on-site response for emergency repairs, and detailed engineering service reports documenting all work performed. All parts must be original equipment manufacturer (OEM) parts supplied by Boston Scientific Corporation. Invoices shall be submitted monthly in arrears to the Department of Veterans Affairs Financial Services Center in Austin, Texas. This is a sole-source acquisition restricted to Boston Scientific Corporation or its authorized distributors/service providers, as the Government has determined that only Boston Scientific is capable of providing the required manufacturer-authorized services to maintain system compatibility and preserve existing warranties.
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36C24826Q1290
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
516-27-1-2071-0006
09-24-2026 Cindy Smith 813-724-0238 09-30-2026
10AM
EDT
36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)
10,000 Bay Pines Blvd Bay Pines FL 33744
X
811210 $34 Million Net 30 Days
N/A
Department of Veterans Affairs C.W. Bill Young VA Medical Center
10000 Bay Pines Blvd.
Bay Pines FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)
10,000 Bay Pines Blvd Bay Pines FL 33612
Financial Services Center
P.O. Box 149971 Austin TX 78714-9971
See CONTINUATION Page Lumenis Pulse 120H Laser System preventative and corrective maintenance service for the C.W. Bill Young VA Medical Center in accordance with the Statement of Work.
Period of Performance: Base Year plus four (4) Option Years.
See Statement of Work and Price/Cost Schedule.
See CONTINUATION Page 516-3670160-2071-825500-2520 010020177
Cindy Smith Contracting Officer
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 STATEMENT OF WORK | 3 |
| B.3 PRICE/COST SCHEDULE | 12 |
| ITEM INFORMATION | 12 |
| B.4 DELIVERY SCHEDULE | 16 |
| SECTION C - CONTRACT CLAUSES | 20 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 20 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 25 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 25 |
| C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) | 25 |
| C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 26 |
| C.6 52.240-93 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (DEVIATION) (NOV 2025) | 36 |
| C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 37 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 39 |
| SECTION E - SOLICITATION PROVISIONS | 40 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 40 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 42 |
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 Cindy Smith (CO)/Maia Lesesene (CS)
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] Monthly in Arrears |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF WORK
STATEMENT OF WORK
PREVENTATIVE & CORRECTIVE MAINTENANCE OF THE
BOSTON SCIENTIFIC LUMENIS PULSE 120H LASER SYSTEM
BAY PINES VA MEDICAL CENTER & LEE COUNTY VA CLINIC
General Information:
Contractor shall provide all labor, equipment, materials, apparatus, tools, transportation, supervision, and disposal necessary to provide Preventative and Corrective Maintenance Services on the Boston Scientific Lumenis Laser System. The services shall include emergency services, unlimited parts, preventive maintenance, factory-authorized updates/modifications, technical support, and application support, as outlined in the Scope of Work. The equipment is located at the Bay Pines VA Health Care System, 10000 Bay Pines Blvd, Bay Pines, FL 33744, and Lee County VA Clinic, 2489 Diplomat Pkwy E, Cape Coral, FL 33909
Type of Contract: Firm-Fixed Price Service Contract.
Contract Performance Period: Base Year plus four option years.
Base Year: October 8, 2026 to October 7, 2027 Option Year One: October 8, 2027 to October 7, 2028 Option Year Two: October 8, 2028 to October 7, 2029 Option Year Three: October 8, 2029 to October 7, 2030 Option Year Four: October 8, 2030 to October 7, 2031 Scope of Work
Requirements for Equipment:
1. EQUIPMENT IDENTIFICATION:
Manufacturer: Boston Scientific Models // List: Lumenis Pulse 120H
| Serial #’s |
| Service Plan |
| Location |
| Qty |
| 417 and 2162 |
| LT Pulse 120 EssentialCare: |
• Priority equipment services and support. • Two preventive maintenances (PMs) every 12 months. • Coverage of 100% for all field service travel, labor, rates and fees. • Software: All Technical Service Updates (TSUs). • Coverage of 100% for all parts and components. • Two business days response time. • Standard 2 business days shipping.
| Bay Pines VA Medical Center |
| 2 |
| 2101 |
| LT Pulse 120 EssentialCare: |
• Priority equipment services and support. • Two preventive maintenances (PMs) every 12 months. • Coverage of 100% for all field service travel, labor, rates and fees. • Software: All Technical Service Updates (TSUs). • Coverage of 100% for all parts and components. • Two business days response time. • Standard 2 business days shipping.
| Lee County VA Clinic |
| 1 |
2. CONFORMANCE STANDARDS: Contractor shall provide service and ensure that the equipment functions in accordance with the equipment manufacturer’s technical performance specifications. Contractor shall conform to all regulations to include but not be limited to federal, state and local governing any chemicals, equipment or work which may be used or performed in the work under this contract.
3. OPERATIONAL UPTIME - REQUIREMENTS: The Boston Scientific Lumenis Pulse Laser system shall be operable and available for use 98% of the normal operating hours of the equipment as detailed in paragraph 13, HOURS OF COVERAGE. Downtime will be computed from notification of problem during normal work hours.
4. GUARANTEED RESPONSE TIME: The Boston Scientific Field Service Engineers (FSE) will use commercially reasonable efforts to respond to Customer’s requests within 24 hours of notification to Boston Scientific Customer Service Center.
5. LIVE PHONE SUPPORT: Service shall include phone support with Boston Scientific Technical Support Engineers between 6:00 a.m. - 8:00 p.m. (Eastern Time).
6. AFTER HOURS PHONE SUPPORT: Service for after hour phone support shall include 24 Hours, 7 Days a week and 365 days a year for technical assistance when required.
7. SOFTWARE ENHANCEMENTS: Periodic software enhancements shall be provided as part of the firm fixed price contract and shall be considered within scope.
8. PREVENTIVE MAINTENANCE: Perform System maintenance inspections as necessary to maintain factory specifications.
9. PARTS EXCHANGE: All parts required for the repair of the System (excludes instruments and accessories) are covered.
10. PART PROTECTION: Preferred pricing on repairs or replacement due to accidental damage.
11. LABOR & TRAVEL EXPENSES: All labor and travel conducted during normal business hours: Monday through Friday, 8:00am – 5:00pm relative to customer’s local time, (excludes Boston Scientific company holidays).
12. CERTIFIED TRAINED TECHNICIANS AND KEY PERSONNEL: The scheduled maintenance and service calls shall be performed by Boston Scientific trained personnel in accordance with the agreement. Technicians shall include a fully qualified Facility Service Engineer (FSE) and a fully qualified FSE who will serve as backup and provide proof of competency, as demonstrated by training on said system. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) have successfully completed a formalized training program for the equipment identified in this statement of work. For field experience, the FSE(s) have a minimum of two years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance. Proof of training shall be provided upon demand and be immediately sent via fax, upon demand to the COR. All FSE’s and technicians shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" competent FSE's. The COR and/or designated representative specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment.
It is anticipated that any hospital regulatory inspections (TJC, etc.) will have the vendor providing proof that they meet industry standards of quality, and traceable standards, as used to calibrate this device-system; at the time of the maintenance event.
13. HOURS OF COVERAGE:
A. Normal hours of coverage are Monday through Friday from 08:00 AM to 05:00 PM, excluding federal holidays. All service/repairs will be performed during normal hours of coverage unless requested or approved by the Contracting Officer’s Representative (COR).
B. Preventive maintenance will be performed in accordance with manufacturer's recommendations. Preventive maintenance will be performed during normal hours of coverage or as agreed to by user and the COR.
NOTE: - Hardware/software update/upgrade installations will be scheduled and performed outside normal hours of coverage at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by the COR or designated representatives. Government provides software/hardware upgrade/update. There shall be no additional charge for time spent at the site during or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts.
D. Federal Holidays observed by the VAMC are:
New Years' Day, Martin Luther King Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day
Scheduled maintenance will be excluded from downtime. (Normal work hours are 08:00 AM to 05:00 PM, Monday thru Friday, excluding federal holidays). Operational Uptime will be computed during a month-long time period. Repeated failure to meet this requirement can subject the contractor to DEFAULT action.
14. UNSCHEDULED MAINTENANCE (Emergency Repair Service):
A. Contractor shall maintain the equipment in accordance with the manufacturer's specifications. The Contractor shall provide repair service, which may consist of calibration, cleaning, oiling, adjusting, replacing parts, and maintaining the equipment, including all intervening calls necessary between regular services and calibrations. All required parts shall be furnished.
B. The COR or government-designated representatives are authorized to request and approve service calls from the Contractor.
C. Response Time: Contractor's FSE must respond with a phone call to the COR or designated representative within 1 hour after receipt of telephoned notification during normal hours of coverage. If the problem cannot be corrected by phone, the FSE will commence work (on-site physical response) within 2 hours after receipt of this second notification and will proceed progressively to completion without undue delay. For example, if hours of coverage are 08:00 AM to 05:00 PM, Mon. thru Fri., a 2 hour response means, if a call is placed at 8:45 AM., Monday August 10th; the FSE must start on-site service before 10:45 PM, Monday, August 10th.
15. SCHEDULED MAINTENANCE:
A. The Contractor shall perform Preventive Maintenance (PM) Service to ensure that equipment performs in accordance with Item 3, Conformance Standards. An outline of the PM procedures and schedule shall be provided to the COR or designated representative. The Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable). This documentation shall be provided to COR or designated representative at the completion of the PM (preferably in electronic format). The contractor shall provide written description of Preventive Maintenance Inspections (PMI). This description shall include an itemized list of the procedures performed, including electrical safety. At minimum, the contractor will perform electrical safety testing in accordance with NFPA-00 standards. PM services shall include, but need not be limited to, the following:
| 1) Cleaning of equipment. |
| 2) Reviewing operating system software diagnostics to ensure that the system is operating in |
accordance with Section 3, Conformance Standards or the manufacturer's specifications.
| 3) Calibrating and lubricating the equipment. |
| 4) Performing remedial maintenance of non-emergent nature. |
| 5) Testing and replacing faulty and worn parts and/or parts likely to become faulty, fail or |
become worn.
| 6) Inspecting and replacing where indicated, electrical wiring and cables for wear and fraying. |
| 7) Inspecting, and replacing where indicated, all mechanical components which may include, but |
is not limited to: X-ray tube mounting hardware, patient restraints and support devices, cables.
and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, motors, keyboards, and patient couches for mechanical integrity, safety, and performance.
8) Returning the equipment to the operating condition [defined in Section 3, Conformance Standards].
| 9) Providing documentation of services performed. |
| 10) Inspecting and calibrating the hard copy image device. |
B. PM Services shall be performed in accordance with the Original Equipment Manufacture guidelines, and during the hours defined in the Hours of Coverage. All exceptions to the PM schedule shall be arranged and approved in advance with the COR or designated representative.
C. Preventative Maintenance should occur in intervals in accordance with the OEMs recommendations of at least 1 time each year.
16. PARTS: The Contractor shall furnish and replace parts to meet uptime requirements. The Contractor has ready access to all Original Equipment Manufacturer (OEM) parts, including unique and/or high mortality replacement parts. All parts supplied shall be from the OEM. The contract shall include all parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications.
18. PARTS AND SERVICES NOT COVERED OR EXCLUDED BY CONTRACT: Authorization received by the COR for any work or parts outside the scope of this contract must be received prior to performance of work or payment will not be authorized. Parts that are not covered by this contract will be purchased by the VA Medical Center. The contractor under the terms of this contract shall accomplish the full installation and complete testing of these parts. Separate Purchase Order Numbers for components/parts not covered under this contract for preventive maintenance will be issued when detailed information with pricing to the COR is submitted.
19. SERVICE MANUALS/TOOLS/EQUIPMENT: The VAMC shall not provide tools, (test) equipment, service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its Facility Service Engineer’s (FSE) all operational and technical documentation (such as; operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name and/or the manuals themselves shall be provided to the COR and CO upon request.
20. DOCUMENTATION/REPORTS: The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance (i.e., Emergency repairs) procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment in accordance with Section 3, Conformance Standards or the manufacturer's specifications. Such documentation shall meet the guidelines as set forth in the Conformance Standards section. The Engineering Service Report (ESR) will consist of a separate PM report for the item(s) covered under the "specific" contract. Grouping different equipment from different contracts on "one" ESR is prohibited. Service reports must be sent to the COR or the requesting entity upon completion of each service issue. In addition, each ESR must, at a minimum, document the following data legibly and in complete detail:
| A. Name of contractor and contract number. |
| B. Name of FSE who performed services. |
| C. Contractor service ESR number/log number. |
| D. Date, time (starting and ending), equipment downtime and hours on-site for service call. |
| E. VA purchase order number(s) covering the call if outside normal working hours. |
| F. Description of problem reported by the COR or designated representative. |
| G. Identification of equipment to be serviced: |
1) Inventory ID number,
2) Manufacturer's name,
3) Device name,
4) Model number,
5) Serial number,
6) Any other manufacturer's identification numbers.
H. Itemized Description of Service Performed (including, if applicable, costs associated with after normal working hour services) including:
1) Labor and Travel,
2) Parts (with part numbers),
3) Materials and Circuit Location of problem/corrective action.
I. Total Cost to be billed (if applicable - i.e., part(s) not covered or service rendered after normal hours of coverage).
J. Signatures:
1) FSE performing services described.
2) Authorized VA Employee who witnessed service described.
NOTE: - Any additional charges claimed must be approved by the COR or designated representative before service is completed!
21. REPORTING REQUIREMENTS: The Contractor shall be required to report to the Healthcare Technology Management Department to log in. This check-in is mandatory. Upon completion of the service, the FSE shall document the services rendered on a legible ESR(s). The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to the COR or designated representative. ALL ESRs shall be submitted to the equipment user for an "acceptance signature" and to the COR or designated representative for an "authorization signature". If COR or designated representative is unavailable, a signed, authorized copy of the ESR will be left with the user.
VA COR: Jeremy Davis, x 14574
22. PAYMENT: - Invoices will be paid in arrears on a monthly basis. Invoices shall include at a minimum, the following information: Contract Number, Purchase Order/Task Order Number, Contractor Name, Item(s) covered (to include serial #'s) by the PMI and covered period of service. All invoices shall be mailed to the Department of Veterans Affairs Financial Services Center’s address as follows:
FMS-VA-1-650
P.O. Box 149971 Austin, TX 78714
23. ADDITIONAL CHARGES: There shall be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.
24. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE: - The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the COR and/or designated representative (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish to the COR or designated representative a written estimate of the cost to make necessary repairs.
25. CONDITION OF EQUIPMENT: The Contractor shall accept responsibility for the equipment. Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract.
26. TEST EQUIPMENT: Prior to commencement of work on this contract, the Contractor shall provide the VAMC with a copy of the current calibration certification of all test equipment which is to be used by the Contractor on VAMC's equipment. This certification shall also be provided on a periodic basis when requested by the VAMC. Test equipment calibration shall be traceable to the Original Equipment Manufacturer’s standard.
27. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS: The Contractor's FSE's shall wear visible identification at all times while on the premises of the VAMC. The Contractor shall park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
28. TRANSPORTATION CHARGES: All costs associated with transportation, from shipping point to the destination specified above, and all costs of removal after contract completion, shall be paid by the Contractor, and incorporated in the price proposal. The Contractor shall be responsible for all damage in transit including any transportation costs for replacement.
29. COMPLIANCE WITH OSHA BLOODBORNE PATHOGENS STANDARD:
The Contractor shall comply with the Federal/California OSHA Bloodborne Pathogens Standard. The Contractor shall:
a. Have methods by which all employees are educated as to risks associated with bloodborne pathogens.
b. Have policies and procedures which reduce the risk of employee exposure to bloodborne pathogens.
c. Have mechanisms for employee counseling and treatment following exposure to bloodborne pathogens.
d. Provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, mouthpieces for the employee during performance of the contract.
30. MISCELLANEOUS
Additional equipment may be added and/or removed throughout the life of this contract and shall be considered within scope.
31. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS
Security Requirements: All contractor personnel shall obtain a short term identification badge issued by the COR or government designated representative. Such badge shall be worn by the individual and prominently displayed at all times while on VA Property. No employee of the contractor shall enter the project site without a valid identification badge issued by the VA. In order to obtain a short-term identification badge, contractor personnel shall present to the COR a valid (non-expired) photo identification issued by a US federal, state or local government agency.
Escort will be provided as required in sensitive work areas.
The C&A requirements do not apply and the security accreditation package is not required.
The identified Sole Source Vendor shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in standard acquisition guidelines.
Per the VA handbook 6500.6, no VA sensitive information will be transferred, shared, or stored with said vendor. As such, no additional mechanisms will be needed to ensure the protection of information.
32. Records Management Language for Contracts The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:
1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
1. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
1. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
1. 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 by the Freedom of Information Act.
1. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
1. The Government Agency owns the rights to all data/records produced as part of this contract.
1. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
1. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].
1. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
1. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser #417 LT Pulse 120 EssentialCare Contract Period: Base POP Begin: 10-08-2026 POP End: 10-07-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies MANUFACTURER PART NUMBER (MPN): None
LOCAL STOCK NUMBER: 417
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2101 LT Pulse 120 EssentialCare
POP Begin: 10-08-2026 POP End: 10-07-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
LOCAL STOCK NUMBER: 2101
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2162 LT Pulse 120 EssentialCare
POP Begin: 10-08-2026 POP End: 10-07-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
LOCAL STOCK NUMBER: 2162
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser #417 LT Pulse 120 EssentialCare Contract Period: Option 1 POP Begin: 10-08-2027 POP End: 10-07-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2101 LT Pulse 120 EssentialCare
POP Begin: 10-08-2027 POP End: 10-07-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2162 LT Pulse 120 EssentialCare
POP Begin: 10-08-2027 POP End: 10-07-2028 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser #417 LT Pulse 120 EssentialCare Contract Period: Option 2 POP Begin: 10-08-2028 POP End: 10-07-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2101 LT Pulse 120 EssentialCare
POP Begin: 10-08-2028 POP End: 10-07-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2162 LT Pulse 120 EssentialCare
POP Begin: 10-08-2028 POP End: 10-07-2029 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser #417 LT Pulse 120 EssentialCare Contract Period: Option 3 POP Begin: 10-08-2029 POP End: 10-07-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2101 LT Pulse 120 EssentialCare
POP Begin: 10-08-2029 POP End: 10-07-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2162 LT Pulse 120 EssentialCare
POP Begin: 10-08-2029 POP End: 10-07-2030 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser #417 LT Pulse 120 EssentialCare Contract Period: Option 4 POP Begin: 10-08-2030 POP End: 10-07-2031 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2101 LT Pulse 120 EssentialCare
POP Begin: 10-08-2030 POP End: 10-07-2031 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| 1.00 |
| YR |
| __________________ |
| __________________ |
Expert Care Service Plan for Laser # 2162 LT Pulse 120 EssentialCare
POP Begin: 10-08-2030 POP End: 10-07-2031 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| GRAND TOTAL |
| __________________ |
B.4 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2026 - 10/07/2027 |
| MARK FOR: |
| Jeremy Davis |
727-398-6661 x14574 jeremy.davis5@va.gov
| FOB: |
| DESTINATION |
| 0002 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2026 - 10/07/2027 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 0003 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2026 - 10/07/2027 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 1001 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2027 - 10/07/2028 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 1002 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2027 - 10/07/2028 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 1003 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2027 - 10/07/2028 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 2001 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2028 - 10/07/2029 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 2002 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2028 - 10/07/2029 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 2003 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2028 - 10/07/2029 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 3001 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2029 - 10/07/2030 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 3002 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2029 - 10/07/2030 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 3003 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2029 - 10/07/2030 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 4001 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2030 - 10/07/2031 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 4002 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2030 - 10/07/2031 |
| MARK FOR: |
| Jeremy Davis |
| FOB: |
| DESTINATION |
| 4003 |
| SHIP TO: |
| Bay Pines VA Health Care System (BPVAHCS) |
10000 Bay Pines Blvd Bay Pines, FL 33744
USA
| 1.00 |
| 10/08/2030 - 10/07/2031 |
| MARK FOR: |
| Jeremy Davis |
| 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 (OCT 2025) (DEVIATION)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract,
(5) Solicitation provisions incorporated in the solicitation.
(6) Other paragraphs of this clause.
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute…
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