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36C25220Q0923

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.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

578-20-3-969-0886 36C25220Q0923 09-17-2020

JERRI SCHUSTER

414-844-4800 EXT 43244

09-22-2020 1:00 pm 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee

WI

53214-1476 X X 334510 1250 Employees N/A X 36C578 Edward Hines Jr. VA Hospital (VAH) 5000 South 5th Avenue Building 220 Hines, IL 60141-5000

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee

WI

53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page Endoscopes for the Edward Hines Jr. VA Hospital (VAH) located in Hines, IL.

Brand Name or Equal

SEE CONTINUATION PAGES

See CONTINUATION Page 578-3600160-969-820200-3131-A0xxxx 010044158 X X

ONE

Parris S. Weidenbach

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B. 1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

A. CONTRACTOR: ______________________________ (Contractor’s Name)

______________________________ (Address)

______________________________ (City-State-Zip)

______________________________ (Point of Contact / Title)

______________________________ (Phone Number)

______________________________ (E-Mail Address)

______________________________ (DUNS Number)

______________________________ (Federal Tax ID)

B. GOVERNMENT:Jerri Schuster – Contract Specialist
Great Lakes Acquisition Center
115 S. 84th Street, Suite 101
Milwaukee, WI 53295

(414) 844-4800 EXT 43244

jerri.schuster@va.gov

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.

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

1. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018).

1. UPON ACCEPTANCE OF ITEMS.

1. Reference PO IFCAP: 578-A0xxxx on all invoices to avoid delay in payment.

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018).

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS For assistance setting up e-Invoice, the below information is provided:

* Vendors must register online at http://www.tungsten-network.com/veteransaffairs/

* Tungsten Network Setup Information: 1-866-340-4980

* Tungsten Network email: VA.Registration@tungsten-network.com

* FSC Vendor Support Section Contact: 1-877-353-9791

* FSC Vendor Support Section email: vafsccshd@va.gov

Vendors can inquire on the status of payments by accessing VIS at: https://www.vis.fsc.va.gov/login.aspx?ReturnUrl=%2fDefault.aspx

BASIS OF AWARD:

This Total SDVOSB set-aside, Brand Name Or Equal for Quote (RFQ) is issued i/a/w: FAR Part 19 Award will be presented to the lowest priced, technically acceptable offer.

SECURITY & PRIVACY CONTROL:

The Certification & Accreditation (C&A) requirements of VHA Handbook 6500.6 do not apply to this requirement; therefore, a Security Accreditation package is not required. No C&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security Program.

For installation and/or on-site training (if applicable), contractor must be escorted and accompanied by VA staff always to ensure the VA sensitive information is protected.

If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at 202-461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at 304-262-7733.

TERMS OF WARRANTY:

The Contractor warrants that the items will be free from defects from materials and workmanship under normal use for a period of not less than 12-months for equipment defined herein. Contractor will replace or repair equipment if necessary to the satisfaction of the Government. Contractor shall provide a copy of the written warranty upon acceptance of the equipment.

B.2 SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS:

(SF 1449, Continuation of Blocks 19 – 24)

Contractor shall provide the following for the Edward Hines Jr. VA Hospital (VAH) in Hines, Illinois. The offeror shall provide the following Endoscopes brand name or equal items:

If quoting as a distributor, provide a letter from the manufacturer proving your firm is an authorized distributor.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
15.00
EA
__________________
__________________

8654.422

ENDOSCOPE, 30?, 4MM PANOVIEW PLUS II STANDARD,

300MM WL

15.00
EA
__________________
__________________

8650.415

ENDOSCOPE, 70?, 4MM PANOVIEW PLUS II STANDARD,

15.00
EA
__________________
__________________

8650.204

DEFLECTOR, ALBARRAN, DOUBLE CHANNEL

15.00
EA
__________________
__________________

806625301

FIBER LIGHT CABLE 2,5MM 3,0M S

KIT INCLUDES:

80662530 - FIBER LIGHT CABLE Ø 2.5MM TL 3M - color code green

8095.07 - ADAPTER PROJECTOR SIDE - for connecting a WOLF light cable to WOLF standard connections, reusable 809509 - ADAPTER ENDOSCOPE SIDE - for connecting a WOLF light cable to WOLF telescopes, quick connect with ring connector, short version, reusable

15.00
EA
__________________
__________________

8650.604

FORCEPS, RIGID OPTICAL BIOPSY,FOR 12?-30?, 4MM

ENDOSCOPES

15.00
EA
__________________
__________________

845.11

ADAPTER, TOOMEY, W/CONE B

15.00
EA
__________________
__________________

8650.264

BRIDGE,SINGLE CHANNEL, FOR 8650 SHEATHS

15.00
EA
__________________
__________________

8650.284

BRIDGE,DOUBLE CHANNEL, FOR 8650 SHEATHS

2.00
EA
__________________
__________________

8680.225 WORKING ELEMENT for S(a)line resectoscope for 4 mm telescope, 30Á, 25Á, 12Á, 0Á passive cutting action, closed handle, with spring assisted cutting

4.00
EA
__________________
__________________

8675424 OUTER SHEATH ‘Shark’, for rotatable continuous irrigation double-sheath system, 24Fr., color code: green

4.00
EA
__________________
__________________

8675322 INNER SHEATH ‘Shark’, for rotatable continuous irrigation double-sheath system with intermittent sheath with rotatable irrigation adapter, 22Fr.

4.00
EA
__________________
__________________

8675426 OUTER SHEATH ‘Shark’, for rotatable continuous irrigation double-sheath system, 26Fr., color code: yellow

4.00
EA
__________________
__________________

8675324 INNER SHEATH ‘Shark’, for rotatable continuous irrigation double-sheath system with intermittent sheath with rotatable irrigation adapter, 24Fr

4.00
EA
__________________
__________________

8654.67

OBTURATOR, 24FR. OBLIQUE TIM- BERLAKE

4.00
EA
__________________
__________________

8673122 VIEWING OBTURATOR ‘Shark’, 22 Fr., color code: green

15.00
EA
__________________
__________________

8585032

UROLOGY RESECTION TRAY

2.00
EA
__________________
__________________

8654.911

SHEATH, RESECTOSCOPE STABLIZING BRIDGE WITH

INFLOW TAP, 7.5 FR., INSERT CAPACITY

4.00
EA
__________________
__________________

86500545S01

SHEATH FOR CYSTOSCOPE 23FR

4.00
EA
__________________
__________________

8650.0547

OBTURATOR ONLY, 23 FR., CYSTOURETHROSCOPE

15.00
EA
__________________
__________________

86500245S01

SHEATH FOR CYSTOSCOPE 17.5FR

15.00
EA
__________________
__________________

8650.0247

OBTURATOR ONLY, 17.5 FR., CYSTOURETHROSCOPE

15.00
EA
__________________
__________________

86500445S01

SHEATH FOR CYSTOSCOPE 21FR

15.00
EA
__________________
__________________

8650.0447

OBTURATOR ONLY, 21 FR., CYSTOURETHROSCOPE

4.00
EA
__________________
__________________

8650.664

FORCEPS, OPTICAL STONE CRUSHING,FOR 0?,5?& 12? 4

MM ENDOSCOPES

4.00
EA
__________________
__________________

8667.911

WORKING ELEMENT FOR URETHROTOME, PASSIVE CUTTING ACTION

4.00
EA
__________________
__________________

8667.011 SHEATH, URETHROTOME, 20.5 FR.,205 MM WL, E-LINE LOCKING MECHANISM, OBTURATOR NOT INCLUDED

4.00
EA
__________________
__________________

8667.111

OBTURATOR FOR URETHROTOME SHEATH, 20.5 FR.

4.00
EA
__________________
__________________

8650.414

ENDOSCOPE, 0?, 4MM PANOVIEW PLUS II STANDARD,

2.00
EA
__________________
__________________

8632.284

BRIDGE, STABILIZATION, 5 FR. INSERT CAPACITY, FOR 22

FR. STANDARD RESECTOSCOPE SHEATHS, 25.5 FR. CFR,

AND 8652 SHEATHS

2.00
EA
__________________
__________________

8632.027

SHEATH, INNER CFC, F/8632.026

2.00
EA
__________________
__________________

8632.726

OBTURATOR, VISUAL, F/8632.026, 22.5 FR.

8.00
EA
__________________
__________________

8667.98

BLADE, LANCET

8.00
EA
__________________
__________________

8667.96

BLADE, SMOOTH HALF MOON

2.00
EA
__________________
__________________

8428.901

TUBE, STORAGE/STERILIZATION FOR ELECTRODES OR

STRIC- TURE BLADES, HOLDS UP TO 5 ITEMS,

AUTOCLAVABLE

4.00
EA
__________________
__________________

8585.145

TRAY, UNIVERSAL 15“ X 10” X 3“, INCLUDES 3 UNIVERSAL

BRACKETS

2.00
EA
__________________
__________________

8585.023

CASE, UNIVERSAL, INSTRUMENT 11 X 23;INCLUDES : 1 X

8585.911 COMPARTMENT TRAY; 3 X 8585.750 SILASTIC

BRACKET

8.00
EA
__________________
__________________

8674225 WORKING ELEMENT PASSIVE MONO 12/30 degree - closed, compatible with telescopes, 0 4mm bayonet-cap, reusable

4.00
EA
__________________
__________________

8673124 VIEWING OBTURATOR ‘Shark’, 24 Fr., color code: yellow

GRAND TOTAL
__________________

B.2 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
0001
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL

(708) 202-8387 EXT 27914

STEPHEN.CAMPBELL4@VA.GOV

0002
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0003
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0004
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0005
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0006
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0007
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0008
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0009
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

2.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0010
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0011
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0012
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0013
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0014
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0015
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0016
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0017
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

2.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0018
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0019
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0020
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0021
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0022
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0023
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

15.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0024
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0025
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0026
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0027
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0028
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0029
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

2.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0030
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

2.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0031
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

2.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0032
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

8.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0033
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

8.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0034
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

2.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0035
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0036
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

2.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0037
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

8.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL
0038
SHIP TO:
EDWARD HINES JR VA HOSPITAL

5000 S. 5TH AVE

BUILDING 220

HINES, IL 60141 5000

UNITED STATES

4.00
16 OCTOBER 2020
MARK FOR:
STEPHEN CAMPBELL

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

FAR Number
Title
Date
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
JUL 2016
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
DEC 2013

(End of Addendum to 52.212-4)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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