36C24W25Q0357.docx

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6515--AED Defibrillators Tulsa CHIP-IN
Solicitation number
36C24W25Q0357
Issued by

About this file

This document is a Solicitation/Contract for Commercial Products and Services issued by the Department of Veterans Affairs for defibrillators at the new Tulsa VA Medical Center. The procurement is specifically for 20 crash cart defibrillators, 2 transport defibrillators, and 5 AED devices from Zoll Medical Corporation, with the goal of standardizing medical equipment across VISN 19 facilities. The contract is set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under simplified acquisition procedures, with a total delivery window between September 15, 2025 and November 15, 2025.

The solicitation requires brand-specific Zoll equipment, including R-Series ALS Defibrillators, X-Series Monitor/Defibrillators, and AED 3 devices, with associated accessories and training. The procurement is justified by the need to reduce operator error, enhance patient safety, and maintain equipment consistency across VA facilities. Market research identified two potential SDVOSB vendors, with only one holding an active Federal Supply Schedule contract. The contract includes a five-year warranty and requires the contractor to provide comprehensive training for all shifts of direct patient care personnel, nurses, physicians, and Biomedical staff at no additional cost to the government.

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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

36C24W 623-25-3-2455-0158 36C24W25Q0357 09-09-2025 Latasha.Redwine-Lemons 682-415-3028 09-15-2025

12PM

CDT

Department of Veterans Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204 McClellan Park

CA

95652 X X 334510 1250 Employees N/A X Department of Veterans Affairs Tulsa VA Medical Center 440 S. Houston Ave.

Tulsa

OK

74127 Department of Veterans Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204 McClellan Park

CA

95652

This is accomplished through the tungsten Network located at:

877-353-9791 512-460-5540 See CONTINUATION Page This requirement is for Defibrillators, Transport defibrillators and AED’s.

Tulsa VA Medical Center See CONTINUATION Page X X 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
Security Requirements: The contractor will have no access to patient records or areas of the hospital. The C&A requirements do not apply, and a Security Accreditation Package is not required.16
B.2 PRICE/COST SCHEDULE16
ITEM INFORMATION16
B.3 DELIVERY SCHEDULE21
SECTION C - CONTRACT CLAUSES25
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)25
C.2 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)30
C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)32
C.4 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)35
C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)37
C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)38
C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)38
C.8 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)39
C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)39
C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)39
C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)40
SECTION E - SOLICITATION PROVISIONS49
52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)49
E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)53
E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)56
E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)57
E.4 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)58
E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)58
ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES59
E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)59
4.Statutory Authority Permitting Restricted Competition:2
5.Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):3
6.Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:3
7.Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:3
8.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:3
9.Any Other Facts Supporting the Use of Other than Full and Open Competition:4
10.Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:4
11.A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required:5
8/27/255
13.Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:5
8/27/256
Digitally signed by ANTONIO6
JACKSON6

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 36C24W Jennifer Sarraga Department of Veterans Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204 McClellan Park CA 95652

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
[X]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Upon 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.

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

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

AMENDMENT NO
DATE

STATEMENT OF WORK (SOW)

Veterans Health Administration (VHA) Eastern Oklahoma VA Health Care System (EOVAHCS) Crash cart defibrillators, Transport defibrillators and AED (Automated external defibrillator) devices at the new Tulsa VA Medical Center

GENERAL

BACKGROUND: The Eastern Oklahoma VA Health Care System (EOVAHCS) is renovating a non-medical, existing facility to be the new Tulsa VA Medical Center (VAMC). The facility requires new defibrillators for the crash carts, transport defibrillators and AED devices for life safety measures in the new Tulsa facility. There currently are no defibrillators in this facility as it is a new build.

DELIVERY LOCATION:

Product Delivery, assembly, and Training: Tulsa VA Medical Center, 440 S. Houston Ave, Tulsa, Oklahoma 74127. Each delivery package must be marked for: PKG 076, EER 249846

DELIVERY TIMES (PERFORMANCE PERIOD):

The VA requires the Contractor to deliver the products no earlier than September 15, 2025 and no later than Nov 15, 2025.

PURPOSE / OBJECTIVE:

Eastern Oklahoma VA Health Care System (EOVAHCS) requires transport defibrillators, Crash cart defibrillators and AED’s for life safety measures and veteran care in the new Tulsa VA Medical Center.

Brand Name of Products, to include make and model numbers:

The new Tulsa VA Medical Center is seeking to acquire the same make and model of transport and crash cart defibrillators that we currently have in our existing sites. VISN 19 is currently seeking the same make and model as part of a lifecycle and standardization reset.

Standardizing equipment reduces the risk of operator error and reduces patient safety risk as staff will move throughout the facilities but will maintain familiarity with the equipment they use. This will also eliminate the need for increased space requirements and reduce supply confusion and compatibility, only maintaining 1 type of supplies for each item system wide.

The AED being requested is based on the intent of standardizing to the VISN standardization to provide CPR assist capabilities. (please see below for make and model) Transport defibrillators = Zoll X-series Crash cart defibrillators = Zoll R-series Automated external defibrillators = Zoll AED 3

SCOPE: The Contractor will provide the necessary equipment and accompanying software to the EOVAHCS, including accessories and attachments and initial supplies needed. The system must be an identical to what is listed in the Price Schedule section of this statement of work. As such, the Contractor is required to include any items not specifically listed in the pricing schedule but is necessary to enable the equipment or accompanying software to function. Examples include adult and pediatric pads, cables, connectors. The company will be responsible for replacing any machines that malfunction, break, or are not adequately operating at no additional cost to the VA within the first 12 months of purchase. The company will work with the EOVAHCS Biomedical Engineering Department to coordinate any preventive maintenance or replacement of any machine.

PHYSICAL CHARACTERISTICS: Contractor must provide twenty (20) crash cart defibrillators, two (2) transport defibrillators and five (5) AED devices as well as associated components. All items must meet or exceed the critical minimum requirements as well as the specifications in this SOW.

CRITICAL MINIMUM REQUIREMENTS

Contractor must provide the following critical minimum requirements as part of the product and assembly.

Crash cart defibrillator.

1) Delays in compressions are sometimes necessary to monitor the patient’s response, but they can lower the chances of a successful shock. ZOLL’s patented See-Thru CPR technology makes it possible to quickly determine whether there is a shockable rhythm, reducing these pauses.

2) One Step complete electrodes Monitor, defibrillate, or pace without need for a separate three-lead ECG.

3) Specialized electrodes with a pediatric algorithm to quickly determine whether there’s a shockable rhythm.

4) Automatically lower the energy setting to 50 joules, preventing accidental overdose during defibrillation while still allowing for the delivery of sufficient current.

Transport Defibrillator

1) Lightweight providing full capabilities to include real-time CPR feedback.

2) X Series utilizes the same intuitive color-coded modes of operation as the R Series Monitor/Defibrillator allowing staff the familiarity and confidence should defibrillation be required.

3) High-capacity rechargeable battery providing six hours of run time.

4) In addition to 3-, 4-, 5- or 12-lead ECG monitoring, X Series can measure 10 physiologic parameters, including:

· NIBP (noninvasive blood pressure)

· EtCO2

· SpO2

· SpCO2

· SpMet2

· Three invasive blood pressures

· Two temperature channels

AED

1) Real CPR Help technology feature provides audio and visual feedback that leads to high-quality CPR. Providing detailed feedback on compression rate and depth.

2) Design allows for universal set of pads to be used on adult or pediatric patients alike.

3) One button selection to activate pediatric mode.

4) Must measure less than 14”x14”x6.75” based on the currently installed wall cabinets internal measurements.

SPECIFICATIONS (including SALIENT CHARACTERISTICS) Contractor must provide products that meet or exceed the specifications in this table.

Item #
Contract reference#
Part#
Description
QTY
1
1575723
30720005201310012
R Series ALS Defibrillator with Expansion Pack - SpO2, OneStep Pacing, EtCO2 (mainstream), NIBP

Includes: Guidelines 2020 compatible, Code Readiness testing system, High current Rectilinear Biphasic Waveform, OneStep 3 lead ECG cable, Advisory Defibrillation, Built-in test port, AC Power Cord, Operators manual, and 5-year hospital warranty.

Parameter Details: Real CPR Help ® - Numeric display of CPR Depth and Rate for Adult and Pediatric patients, Visual and audio prompts to coach CPR depth (Adult patient only), Release bar to ensure adequate release off the chest, Metronome to coach rate for Adult and Pediatric patients. See-Thru ® CPR artifact filtering, Defib Mentor • OneStep Pacing with OneStep Pacing Cable (also supports CPR) • NIBP with 23-33cm reusable cuff & 3 meter air hose • Masimo Pulse Oximetry with Signal Extraction Technology (SET) and Reusable adult sensor & reusable 4 ft ext. cable • EtCO2 CAPNOSTAT ® 5 Mainstream CO2 Cable and sensor. For use with adult, pediatric, and neonatal patients. Airway adapter sold separately •

2
1575723
8019-0535-01
SurePower Rechargeable Lithium Ion Battery Pack

5.8 Ah Capacity, High density lithium ion chemistry, RunTime™ Indicator, Automatic calibration ready, Stores history of use and maintenance

3
1575723
8005-000103-01
R WiFi Card with Clock Sync and FIPS
22
4
1575723
8300-0500-01
SurePower 4 Bay Charging System including 4 Battery Charging adapters
2
603-0220011-01
X Series Monitor/Defibrillator with Expansion Pack - SpO2, Pacing, NIBP

Includes: 4 trace tri-mode display monitor/ defibrillator/ printer, advisory algorithm, advanced communications package (Wi-Fi, Bluetooth, USB cellular modem capable) USB data transfer capable and large 6.5in( 16.5cm) diagonal screen.

Accessories Included: Six (6) foot 3- Lead ECG cable, OneStep Patient Cable, AC Power Cord, one

(1) roll printer paper, 6.6 Ah Li-ion battery, Operator Manual, Quick Reference Guide, and Five (5)-year Hospital warranty.

Parameter Details: Real CPR Help - Dashboard display of CPR Depth and Rate for Adult and Pediatric patients, Visual and audio prompts to coach CPR depth (Adult patient only), Release bar to ensure adequate release off the chest, Metronome to coach rate for Adult and Pediatric patients. See-Thru ® CPR artifact filtering • ZOLL Noninvasive Pacing Technology • Welch Allyn NIBP with Smartcuff. 10 foot Dual Lumen hose and SureBP Reusable Adult Medium Cuff • Masimo Pulse Oximetry with Signal Extraction Technology (SET), Rainbow SET® •

8778-0048
4 Year Factory Warranty

Included with the Device Part number above to provide a total 5-Year Factory Warranty.

7
1575723
REUSE-13-2MQ
Welch Allyn REUSE-13-2MQ Cuff, Thigh, 2-Tube, Twist Lock connector
2
8
1575723
REUSE-12-2MQ
Welch Allyn REUSE-12-2MQ Cuff, Lg Adult, 2- Tube, Twist Lock connector
2
9
1575723
REUSE-10-2MQ
Welch Allyn REUSE-10-2MQ Cuff, Small Adult, 2- Tube, Twist Lock connector
2
8000-001702
RD Rainbow SET MD20-12 Patient Cable, 12ft
2
11
1575723
8000-001814
RD SET DCI Adult Reusable Sensor, 3ft
2
12
1575723
8000-0580-01
Six Hour Rechargeable, SurePower II Smart Battery
2
8508-001103-01
ZOLL AED 3® BLS Package

Includes: Product Documentation, ZOLL AED 3 Battery Pack, Carry Case, CPR Uni-padz. Six (6) year factory warranty.

14
1575723
8000-000696
ZOLL AED 3 Battery Pack
5
8593-001103-01
ZOLL AED 3® BLS Hospital Training Package

Includes: ZOLL AED 3 BLS Hospital Training Package - AED 3 BLS Non-Clinical Unit, Training Power Adapter, ZOLL AED Simulator, 2 sets CPR Uni-Padz, III Training.

8000-0835-01
AED Plus Demo Manikin

Includes manikin torso with velcro strips attached and a separate head with hardware for attachment

37120005201310012
R Series ALS Non-Clinical: Masimo SpO2, OneStep Pacing, EtCO2, NIBP, Expansion Pack, ECG Cable

--NOT FOR CLINICAL USE-- Includes: Guidelines 2020 compatible, Code Readiness testing system, High current Rectilinear Biphasic Waveform, OneStep 3 lead ECG cable, Advisory Defibrillation, Built-in test port, AC Power Cord, Operators manual, and 90 Day hospital warranty.

Parameter Details: Real CPR Help ® - Numeric display of CPR Depth and Rate for Adult and Pediatric patients, Visual and audio prompts to coach CPR depth (Adult patient only), Release bar to ensure adequate release off the chest, Metronome to coach rate for Adult and Pediatric patients. See-Thru ® CPR artifact filtering, Defib Mentor • OneStep Pacing with OneStep Pacing Cable (also supports CPR) • NIBP with 23-33cm reusable cuff & 3 meter air hose • Masimo Pulse Oximetry with Signal Extraction Technology (SET) and Reusable adult sensor & reusable 4 ft ext. cable •

8200-000100-01
Single Bay Charger for the SurePower and SurePower II batteries
1
8019-0535-01
SurePower Rechargeable Lithium Ion Battery Pack

5.8 Ah Capacity, High density lithium ion chemistry, RunTime™ Indicator, Automatic calibration ready, Stores history of use and maintenance

9143-0001
128 MB Compact Flash Data Card "For use with R Series only"
1
8700-0893-01
R Series Training Kit

Includes AP manikin, See-Thru CPR simulator, OneStep Training Cable and Electrode (training cable with CPR sensor and Y-connector for simulator connection and OneStep training electrode- adult and pediatric), Training Manual, In-Service DVD and Replacement OneStep Training Electrodes- ( adult and pediatric) <br> (8 per case).

Qualifications of Contractor OEM-Trained Technicians: Contractor shall document, in writing, their experience in working on the equipment listed in this SOW as well as the qualifications of individuals who will work on the equipment. Where the SOW requires OEM trained technicians, demonstration of this will also be required in the documentation.

Contractor must provide the COR and Contracting Office with such documentation, as a minimum:

a) Within 5 business days of contract award,

b) Within 5 business days after renewal or extension of services in accordance with, and if permitted by applicable FAR clause, and

c) immediately, when previously assigned OEM-trained technicians have been replaced, …and in advance of commencing assembly of equipment identified in this SOW.

ASSEMBLY AND TRAINING:

Any delivery, assembly, and training, must be coordinated with the local COR.

Contractor shall provide certified in-service training for all shifts of direct patient care, nurses, physicians, and Biomedical (BESS) staff, in units where products will be used, at no additional cost to the Government, for any equipment new to this facility.

This training shall include hands-on product use and be extensive enough to prepare participants to train others. Maintenance, repair, and annual certifications must be included in training.

Dates to be coordinated with facility and COR. Initial training is anticipated between October 2025 and January 2026.

Training and support to be ongoing for users.

Manuals: Contractor shall provide electronic, digital copies of the user manuals and service manuals for each different product under this order or contract, at no additional cost to the government.

QUALITY

Conformance Standards Refer to section on Safety and Compliance in this SOW.

Rework or Remedy Rework or Remedy is defined as replacing a product or performing the service again until the Purpose of this SOW is achieved in full. This involves less than Satisfactory Products or Service by the Contractor and as noted by the COR. Rework or Remedy occurs at no additional cost to the Government. Payment will be withheld until all replacement products are received or services are performed to the Satisfactory level in accordance with this SOW and as documented by the COR.

DELIVERY:

Delivery and receipt of the proposed items are anticipated to be directed to the location identified in this SOW. Confirmation of delivery location will be provided by the VA COR post-award. Delivery must be coordinated with VA COR before any delivery attempts. Any item that has not been coordinated will be turned away and any additional charges will be the responsibility of the sender/transportation company.

Contractor is responsible for offloading the equipment from the truck, moving the equipment to the correct delivery location in the space, Equipment paperwork and warranty information must be handed to the VA receiving staff, as advised by the COR.

INSPECTION: Each item will be tested by EOVAHCS biomed department. Any device tested by biomed staff and will be documented on an incoming inspection. Any device determined to not pass the incoming inspection shall be brought to the attention of the COR and addressed/replaced by the contractor in accordance with the warranty. (please see warranty of equipment section below) Inspection and Acceptance of Products and Services: The Government reserves the right to inspect and test services in accordance with this SOW and the Contract. The only individual authorized to officially accept services is the COR. While inspection of services may be delegated by the COR and a shared responsibility with departmental management staff, the COR is ultimately the only authorized individual to approve and accept services on behalf of the VA.

WARRANTY OF EQUIPMENT: Contractor must provide a warranty per the Specifications in this SOW. The warranty must meet or exceed standard manufacturer industry warranty terms. The government does not accept an extended warranty, which requires advance payment. Manufacturer’s warranty must begin on 1st Patient Day, which is currently scheduled for January 20th, 2026.

STANDARD BUSINESS HOURS AND FEDERAL HOLIDAYS

Hours: Normal duty hours are 8:00 a.m. through 5:00 p.m. CST, Monday through Friday, not including federal holidays. Whenever contact with a facility is required outside of normal duty hours, the Contractor shall coordinate these times with the designated COR.

In accordance with 5 U.S.C. 6103, Executive Order 11582, and Public Law 94-97, the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays.”

New Year’s Day
January 1st
Martin Luther King’s Birthday
Third Monday in January
President’s Day
Last Monday in February
Memorial Day
Last Monday in May
Juneteenth
June 19th
Independence Day
July 4th
Labor Day
First Monday in September
Columbus Day
Second Monday in October
Veteran’s Day
November 11th
Thanksgiving Day
Fourth Thursday in November
Christmas Day
December 25th

In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President of the United States to be a Federal holiday.

SAFETY AND COMPLIANCE

The Contractor must perform services and ensure equipment functions in accordance with:

1. local, state, and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA), the American National Standards Institute (ANSI) safety guidelines;

1. local, state, and federal guidelines and legislation, as well as VA Health Care System Directives and guidelines, relating to chemicals and usage of chemicals, to include pesticides;

1. local, state, and federal Fire and Safety legislation and guidelines, to include VA Health Care System directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99 (Health Care Facilities Code);

1. local and state environmental laws as well as Environmental Protection Agency (EPA) regulations, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), involving pesticide use and other pest control procedures;

REGULATORY REQUIRMENTS: Environmental Protection Agency (EPA) 40 CFR.

a. Food and Drug Administration (FDA) Quality System Regulation as stated in 21 CFR Part 820

b. Department of Transportation (DOT) 49 CFR.

c. Occupational Safety and Health Administration (OSHA)

d. VHA DIRECTIVE 7708 Pollution Prevention Program

e. VHA Directive 7707 Green Environmental Management Systems (GEMS)

Medical Center Policies Each VA Medical Center has policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies regarding, parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

Contractor shall abide by all rules and regulations set forth by VA Tulsa due to Coronavirus (COVID-19) and have their own personal protective equipment (PPE) in use for the time they are on grounds of the new Tulsa VA Medical Center.

Contractor Point of Contact (POC) The Contractor shall specify an individual who shall serve as a single point of contact for all contract issues (POC). Contractor must provide the COR and Contracting Office with the POC contact details, to include business phone number or cell phone number and email, as a minimum:

a) Within 5 business days of contract award,

b) Within 5 business days after renewal or extension of services in accordance with, and if permitted by applicable FAR clause, and

c) Within 5 business days prior to a change in the POC by the Contractor.

The POC must be easily accessible by phone and return COR calls within 48 hours of a voice message left by the COR.

Contracting Officer’s Representative (COR) Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this contract, and upon reassignment of a new COR, as applicable. Contractor shall only respond to requests for changes, new products or service, from the COR or the CO. If any product or services is requested from any source, other than the COR or the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government. The COR will evaluate the contractor’s performance through review of the Contractor’s Quality Control Procedures in accordance with this contract and SOW.

Authority of the COR The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer. Any invoicing or charges resulting from unauthorized service will not be paid by the government.

LIABILITIES AND INSURANCES

Protection from Damage Contractor shall provide all labor, materials, and equipment necessary for protection of VAMC personnel, furnishings, equipment and buildings from damage, and shall replace or repair any damage due to work performed under this contract equal to its original construction and finish.

Liability Insurance Contractor must provide the COR and the CO with written confirmation that Contractor has adequate insurance protection against negligent work and other forms of liability.

SECURITY:

Contract Personnel Security Contractor must check in and out with COR when entering the VA and must be escorted while on VA premises.

Security Requirements: The contractor will have no access to patient records or areas of the hospital. The C&A requirements do not apply, and a Security Accreditation Package is not required.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
20.00
EA
__________________
__________________

"R Series ALS Defibrillator with Expansion Pack - SpO2, OneStep Pacing, EtCO2 (mainstream), NIBPIncludes: Guidelines 2020 compatible, Code Readiness testing system, High current Rectilinear Biphasic Waveform, OneStep 3 lead ECG cable, Advisory Defibrillation, Built-in test port, AC Power Cord, Operators manual, and 5-year hospital warranty.Parameter Details: Real CPR Help r - Numeric display of CPR Depth and Rate for Adult and Pediatric patients, Visual and audio prompts to coach CPR depth (Adult patient only), Release bar to ensure adequate release off the chest, Metronome to coach rate for Adult and Pediatric patients.

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

LOCAL STOCK NUMBER: 30720005201310012

25.00
EA
__________________
__________________

"SurePower Rechargeable Lithium Ion Battery Pack5.8 Ah Capacity, High density lithium ion chemistry, RunTimeT Indicator, Automatic calibration ready, Stores history of use and maintenance"

LOCAL STOCK NUMBER: 8019-0535-01

22.00
EA
__________________
__________________

R WiFi Card with Clock Sync and FIPS

LOCAL STOCK NUMBER: 8005-000103-01

2.00
EA
__________________
__________________

SurePower 4 Bay Charging System including 4 Battery Charging adapters

LOCAL STOCK NUMBER: 8300-0500-01

2.00
EA
__________________
__________________

X Series Monitor/Defibrillator with Expansion Pack - SpO2, Pacing, NIBP Includes: 4 trace tri-mode display monitor/ defibrillator/ printer, advisory algorithm, advanced communications package (Wi-Fi, Bluetooth, USB cellular modem capable) USB data transfer capable and large 6.5in( 16.5cm) diagonal screen. Accessories Included: Six (6) foot 3- Lead ECG cable, OneStep Patient Cable, AC Power Cord, one (1) roll printer paper, 6.6 Ah Li-ion battery, Operator Manual, Quick Reference Guide

LOCAL STOCK NUMBER: 603-0220011-01

2.00
EA
__________________
__________________

"4 Year Factory WarrantyIncluded with the Device Part number above to provide a total 5-Year Factory Warranty."

LOCAL STOCK NUMBER: 8778-0048

2.00
EA
__________________
__________________

Welch Allyn REUSE-13-2MQ Cuff, Thigh, 2-Tube, Twist Lock connector

LOCAL STOCK NUMBER: REUSE-13-2MQ

2.00
EA
__________________
__________________

Welch Allyn REUSE-12-2MQ Cuff, Lg Adult, 2- Tube, Twist Lock connector

LOCAL STOCK NUMBER: REUSE-12-2MQ

2.00
EA
__________________
__________________

Welch Allyn REUSE-10-2MQ Cuff, Small Adult, 2- Tube, Twist Lock connector

LOCAL STOCK NUMBER: REUSE-10-2MQ

2.00
EA
__________________
__________________

RD Rainbow SET MD20-12 Patient Cable, 12ft

LOCAL STOCK NUMBER: 8000-001702

2.00
EA
__________________
__________________

RD SET DCI Adult Reusable Sensor, 3ft

LOCAL STOCK NUMBER: 8000-001814

2.00
EA
__________________
__________________

Six Hour Rechargeable, SurePower II Smart Battery

LOCAL STOCK NUMBER: 8000-0580-01

5.00
EA
__________________
__________________

"ZOLL AED 3r BLS PackageIncludes: Product Documentation, ZOLL AED 3 Battery Pack, Carry Case, CPR Uni-padz. Six (6) year factory warranty."

LOCAL STOCK NUMBER: 8508-001103-01

5.00
EA
__________________
__________________

ZOLL AED 3 Battery Pack

LOCAL STOCK NUMBER: 8000-000696

1.00
EA
__________________
__________________

"ZOLL AED 3r BLS Hospital Training PackageIncludes: ZOLL AED 3 BLS Hospital Training Package - AED 3 BLS Non-Clinical Unit, Training Power Adapter, ZOLL AED Simulator, 2 sets CPR Uni-Padz, III Training."

LOCAL STOCK NUMBER: 859300110301

1.00
EA
__________________
__________________

"AED Plus Demo ManikinIncludes manikin torso with velcro strips attached and a separate head with hardware for attachment"

LOCAL STOCK NUMBER: 8000-0835-01

1.00
EA
__________________
__________________

"R Series ALS Non-Clinical: Masimo SpO2, OneStep Pacing, EtCO2, NIBP, Expansion Pack, ECG Cable

LOCAL STOCK NUMBER: 37120005201310012

1.00
EA
__________________
__________________

Single Bay Charger for the SurePower and SurePower II batteries

LOCAL STOCK NUMBER: 8200-000100-01

1.00
EA
__________________
__________________

"SurePower Rechargeable Lithium Ion Battery Pack5.8 Ah Capacity, High density lithium ion chemistry, RunTimeT Indicator, Automatic calibration ready, Stores history of use and maintenance"

LOCAL STOCK NUMBER: 8019-0535-01

1.00
EA
__________________
__________________

128 MB Compact Flash Data Card "For use with R Series only"

LOCAL STOCK NUMBER: 9143-0001

1.00
EA
__________________
__________________

"R Series Training KitIncludes AP manikin, See-Thru CPR simulator, OneStep Training Cable and Electrode (training cable with CPR sensor and Y-connector for simulator connection and OneStep training electrode- adult and pediatric), Training Manual, In-Service DVD and Replacement OneStep Training Electrodes- ( adult and pediatric)<br> (8 per case)."

LOCAL STOCK NUMBER: 8700-0893-01

GRAND TOTAL
__________________

B.3 DELIVERY SCHEDULE

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

Tulsa VA Medical Center 440 S. Houston Ave.

Tulsa, OK 74127

USA

20.00
11/15/2025
MARK FOR:
Michael Galow

918-577-3000 EX 4863

michael.galow@va.gov

INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
25.00
11/15/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
22.00
11/15/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
2.00
11/21/2025
FOB:
DESTINATION
2.00
11/21/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
2.00
11/15/2025
FOB:
DESTINATION
2.00
11/15/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
2.00
11/15/2025
FOB:
DESTINATION
2.00
11/15/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
2.00
11/15/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
2.00
11/15/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
2.00
11/25/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
5.00
11/15/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
5.00
11/15/2025
FOB:
DESTINATION
1.00
11/15/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
1.00
11/15/2025
FOB:
DESTINATION
1.00
11/15/2025
INSTRUCTIONS:
Each delivery package must be marked for: PKG 076, EER 249846
FOB:
DESTINATION
1.00
11/15/2025
FOB:
DESTINATION
1.00
11/15/2025
FOB:
DESTINATION
1.00
11/15/2025
FOB:
DESTINATION
1.00
11/15/2025
FOB:
DESTINATION

36C24W25Q0357

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 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…

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