36C25520Q0783_signed_revised.pdf

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. 24.19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

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

657-20-3-8609-0237

09/18/2020 36C25520Q0783 09-18-2020

Jessica Barton jessica.barton1@va.gov 913-946-1987

R DUE DATE/LOCAL

09-22-2020 4:00pm CST

136C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X 100

X

339920

750 Employees

N/A

X

Jefferson Barracks VA Medical Center 1 Jefferson Barracks Drive

St. Louis MO 63125-4199

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

PHONE: FAX:

EPHONE NO UNSDD D

36C255

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

ES/SERVICES QU

See CONTINUATION Page

Cardio Exercise Equipment for the Rehab Building Gym, per the attached SOW.

Evaluation Criteria: LPTA.

This solicitation is being issued as a tiered evaluation with the following tiers: 1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority.

If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

See CONTINUATION Page

X X

X ___________ 1 ________________________________ ARD OF CONTRACT

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

ME OF CONTRACTING OFFICER (TYPE OR PRINT)

Mike Crader Contracting Officer

Michael D. CRADER 346074 Digitally signed by Michael D. CRADER 346074 Date: 2020.09.08 11:35:33 -05'00'

36C25520Q0783

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

Statement of Work

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

SECTION E - SOLICITATION PROVISIONS

E.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

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 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery, Installation, Training, and 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.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX

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

AMENDMENT NO DATE

Statement of Work

Exercise Equipment in Shared Gym and Cardiopulmonary Gym Veterans Affairs (VA) St. Louis Health Care System

JB Major Rehabilitation Building 54

A. Description of Request

The VA St. Louis Health Care System (Jefferson Barracks Division) is seeking to procure new gym equipment in the new JB Rehabilitation Building 54. The equipment will be used to provide patient care for both inpatient and outpatient veterans requesting treatment.

B. Scope of Work

The vendor must deliver and install all items defined in the Schedule of Items.

Installation of equipment and any applicable software shall include testing and training on equipment operation and maintenance for the Recreation Therapy, Physical Therapy and Occupational Therapy staff.

C. Delivery Schedule

Delivery, Installation and Training (as necessary) for this order shall be completed NLT 30 days from the issuance of the Notice to Proceed (NTP).

NOTE: No delivery of any equipment specified will be accepted before the awardee is given Notice to Proceed (NTP). No storage of equipment will be provided on site. Equipment is to be uncrated and delivered directly to the JB Rehab & Chapel Building 54 for immediate installation.

D. Technical Requirements- Delivery and Installation Requirements:

Installation must be performed within the hours of Monday-Friday 0700-1530 and not during federal holidays. Training must be provided after installation, testing, and between the hours of Monday-Friday 0800-1500 and not during federal holidays. Education/Training must include details for any maintenance/inspection and system warranty/additional requirements.

Prior to delivery vendor shall coordinate site access with VA Point of Contact 7 calendar days in advance of anticipated delivery date(s). Any delivery not previously coordinated will be refused by the Medical Center. Any addition fees / costs encountered for denied deliveries shall be the sole responsibility of the vendor.

Building 54 does not have a loading dock. All deliveries must be delivered to Building 53’s loading dock and transported through the connecting corridor into Building 54. (Basement level at Building 54) Loading dock access must always be maintained for medical center use. (can restrict only 1 lane at a time)

Contractor shall account for no laydown space inside the building. All materials / equipment must be transported to final locations and assembled.

Contractor shall provide and install building protectant to ensure delivery does not cause damage to existing finishes. Any damaged finishes shall be the full responsibility of the vendor to correct / fix.

Access will be granted to the elevator. Contractor shall protect as necessary to ensure no damage caused by delivery.

Building shall not be modified in any way to accept deliveries.

It is the responsibility of the vendor to dispose of all boxing and crating offsite after each work shift. Onsite storage of debris is not acceptable.

All rooms shall be returned to the VA in their original condition. Thorough cleaning of any debris and dust generated by the installation activity must be performed. Any damage inflicted shall be corrected by the contractor.

E. Equipment / Material - (All proposed items shall meet the minimum Technical specifications identified below.)

No Item Basis of Design Specifications Qty Net.

Price

Extended Net Price

1 NuStep T5XR Recumbent Cross Trainer- Brand Name or Equal

Weight: 400.000 LB or less Dimensions: 73”L x 30” W x 52” H Low Step-Through Design, Ergonomic Body Position Total Body Workout Smooth Stepping Motion Large color LCD display screen with

13 workout program Sturdy grab ring for support and safety Low Inertia Startup, Self-Powered with Battery, Quiet Belt

Drive Contact heart rate handles Generator Resistance Range of 5-

1400 Watts, StrideLock that allows the user to lock the arm handles and leg pedals in place for easier on and off access

360 degree swivel seat and 12 degree reclining back

Adjustable arm length and 40 degree hand grip rotation

Adjustable supportive foot straps on each pedal.

Fits users 4’6” – 6’7” (137-200 cm) • 600 lbs. (272 kg) user weight capacity

2 Integrity Series DX Treadmill- Brand Name or Equal:

Running surface 22 x 60” (56 x 152 cm) Step-up height 8” (20 cm) Max user weight 400 lbs (181 kg) Length 82” (209 cm) Width 36” (92 cm)

Height 56“ (142 cm) Unit weight 434 lbs (197 kg) Dedicated 120 volts/20 amp circuit Goal workouts: i.e. Quick start, Manual, Random, Hill, Cardio, Fat Burn.

Heart rate monitoring Side hand rails Steel frame, front roller lift wheels and rear levelers Motor System: 3.0 HP( 6.0 HP peak)

AC motor Integrated reading rack Integrated accessory tray On-the-fly programming

3 Health Care International Model TBT-1000- Brand Name or Equal (similar as shown in picture)

Operation: Independent motion between the arms and legs

Swivel Seat: Walk through design with seat that swivels for easy access on and off the unit

Adjustable Seat: 14 Seat Rail Positions and adjustable backrest angle

ADA Compliant: Seat removes for wheelchair access

Resistance: Bi-Directional - 16 levels with easy low starting resistance

Upper Body: Adjustable arm cranks with comfort grip, Head can be raised or lowered for users of all heights

Lower Body: Orthopedic rehab Pedals with Heel Support

Power: AC-100V 50/60Hz, *240 V available

Commercial Grade Quality

COMPUTER SPECS

Display: High Resolution Backlit Blue

LCD Display with 8 Data Windows Plus a Brickyard Display

Programs: 12 programs; Manual, Rolling Hills, Peak, Plateau, Mountain Climb, Hill Interval, Strength Interval, Fat Burn HRC, Cardio HRC, Custom 1 & Custom 2

Feedback: Speed, Time, Distance, Pulse, RPM, Watts, Calories, Workout Levels “16”

Heart Rate: Built in receiver compatible with Polar and other manufacturers.

*chest belt not included

TECH SPECS -

Maximum User Weight: 500 lbs. or greater Weight: 350 or less Dimensions: 59.5" L x 25" W x 57 - 59" H

WARRANTY

Frame: Lifetime Mechanical Parts: 3 Years Electronic Parts: 3 Years

Labor: 1 Year

4 Integrity DX upright lifecycle- Brand Name or Equal

Power requirements -Self powered

Auto start (Brings power to console when user begins pedaling) •

Size (L x W x H) (41.5” x 24.5” x 54.4”) (105 cm x 62 cm x 138cm)

Unit weight 169 lbs (76.5kg)

Maximum user weight 400 lbs. (181 kg)

Different resistance levels

Easy pedal straps

Features Speed, Resistance Level, Elapsed Time, Distance, Calories, Calories per Hour, Watts, METS, RPM

Goal Workouts: Quick Start, Manual, Random, Hill, Cardio, Fat Burn, Fit Test, Watts, Customized Cool Down

Heart Rate Monitoring: Polar Telemetry (optional chest strap required), Lifepulse Digital Heart Rate Monitoring with DSP (Digital signal processing)

On-the-fly programming

5 Motomed Viva-2 ergometer- Brand passive training (the user’s limbs are moved by the motor drive) assistive training (the user may have limited muscle strength and the motor provides assistance to maintain rotational momentum) active training (the user is able to drive the foot-pedals without motor assistance) Mechanical aspects safety foot shells with leg guides pedal radius adjustable, two positions (7.0 cm or 12.5 cm) handlebar easily transportable light but stable construction telescopic front stand provides greater stability Features leg insertion aid self test system on 'power-up' smooth drive system - gradual change of rotation speed 'Movement Protector' and spasm sensing control adjustable rotation speed regulation

0 to 60 rpm (passive) adjustable motor torque adjustable load resistance, gear 1 to gear 10 (active) adjustable training duration, maximum 120 minutes Control panel functions user-friendly operating panel large tactile buttons detailed feedback in real time Perfomance analysis at end of training session

6 Nautilus Leg Press/Calf Raise Model 9NL-D1013- Brand Name or Equal

W: 39 in (99 cm) L: 74 in (188 cm) H: 55 in (140 cm) Stack weight: 235 lb. (107 kg) or less Overall weight: 612 lb. (278 kg) or less both single and dual function units Lock N Load® patented weight selection system Adjustable seat sled with range of motion adjustment Multi-position foot plate design allows for dual use: Leg Press and Calf Raise

Rubber feet for floor protection

7 Nautilus Leg extension/ Leg curl Model 9NL-D1014- Brand Name or Equal

W 40 in (102 cm) L 45 in (114 cm)

H 55 in (140 cm) Stack weight 120 lb. (54 kg) Overall weight 369 lb. (168 kg) Gravity assisted positioning, adjustable seat with “easy up” ratcheting adjustment

Rubber, large grips for pushing, smaller grips for pulling.

Walk-through entry design Adjustable chest/back pad and range of motion control allow for dual exercises: Abdominal Crunch and Back Extension

Rubber feet for floor protection No cable cord need transmission belt for extended life and easy replacement

Lock N Load weight selection system

8 Nautilus Abdominal/Low Back Machine Model 9NL-D6330- Brand Name or Equal

W 40 in (102 cm) L 45 in (114 cm) H 55 in (140 cm) Stack weight 120 lb. (54 kg) or less Overall weight 369 lb. (168 kg) or less Gravity assisted positioning, adjustable seat with “easy up” ratcheting adjustment

Rubber, large grips for pushing, smaller grips for pulling.

Walk-through entry design

Adjustable chest/back pad and range of motion control allow for dual exercises: Abdominal Crunch and Back Extension

Rubber feet for floor protection No cable cord need transmission belt for extended life and easy replacement

Lock N Load weight selection system

9 Nautilus Dual Triceps/Biceps Model 9NL-D5120- Brand Name or Equal

W: 39 in (99 cm) L: 52 in (132 cm) H: 55 in (140 cm) Stack weight: 190 lb. (86 kg) Removable wear strap for extended upholstery life Multi-position hand grips for bicep and triceps training Adjustable seat with “easy up” ratcheting adjustment Exercises: biceps curl and triceps extension Walk-through entry design Rubber feet for floor protection Kevlar transmission belt for extended life and easy replacement Featuring the patented lock n load® weight selection system

10 Nautilus Dual Lat Pull Down/ Vertical Row Model 9NL-D3340- Brand Name or Equal:

W 47 in (119 cm) L 50 in (127 cm) H 84 in (213 cm) Stack weight 235 lb. (107 kg) Overall weight 473 lb. (215 kg) Removable wear strap for extended upholstery life Multi-position row and lat pull down grips Adjustable seat back with "easy up" ratcheting adjustment Adjustable chest pad with "easy out" ratcheting adjustment Rubber feet for floor protection

Lock n load weight selection system

11 Nautilus: Basis of design of the Nautilus Rotary Torso Model 9NL- S6300- Brand Name or Equal:

W: 38 in (97 cm) L: 39 in (99 cm)

H: 55 in 140 (cm) Stack weight: 190 lb. (86 kg) or less Overall weight: 418 lb. (190 kg) or less

Adjustable shoulder stabilization pads

Kneeling modality for low back safety Contoured shin pads for comfort Multi-position hand grips

Rubber feet for floor protection Kevlar transmission belt for extended life and easy replacement Featuring the patented lock n load® weight selection system

12 Dumbbell Rack 10-pair /2 Tier Model 9NN-R8001 and Throwdown Free Weights (2 set of 5lb-30lb weights)

Contoured cushions with molded foam for comfort and durability

Pads must have plastic backers to protect and increase durability Warranty Approximate Dimensions: 90 in x 25 in x 33 in (229 cm x 64 cm x 84 cm)

Approximate Weight: 275 lb. (125 kg)

13 Encompass Power Tower- Brand

Unfolded: 106” x 38” x 65” [L/W/H] (2.69 m x 0.96 m x 1.65 m)

Folded: 20” x 38” x 65” [L/W/H] (0.51 m x 0.96 m x 1.65 m)

Tubing: 1.7" x 3.2" Aluminum Extrusion (4.4 cm x 8.1 cm)

Tower Construction: Tower is all reinforced steel, silver powder coating with self locking motorized lead screw level changer

User Weight: Rated to 350 lbs. body weight. (159 kg)

Maximum Load Capacity: 650 lbs.

(295 kg) Inclusive of glideboard

User Height Limit: 6' 5" (2.0 meters) Glideboard: 16" x 48" (41 cm x 122 cm). 7 position adjustable angles Rollers: Better Sealed precision ball bearings Pulleys: ABS plastic protective shields over a steel frame, Nylon roller with precision ball bearings

Cables: 2000 lb. test (907.2 kg) nylon 12 coated steel aircraft cable

Handles: Soft synthetic rubber Padded Handles with ABS swivel handle and nylon webbing for hammer grip action

Frame & Rail Construction: Anodized Aluminum Rails with all connections reinforce by steel or forged aluminum

Unit Weight: 218 lbs (99 Kg) or less Electrical: 115~230 VAC 50~60 Hz

Board Upholstery: Glideboard - Heavy duty, Two tone design, box stitched, tear resistant vinyl

Foam Padding: 1 1/2" (4 cm) high rebound, high density foam.

Resistance Levels: 22 calibrated incline levels, with infinite adjustment between levels. 1% - 72% bodyweight.

Storage Capabilities: Hydraulic lift assists folding. Folds and stores upright. Rolls in hand-truck fashion.

Included Equipment: 7 position Adjustable Glideboard; Dynamic [unilateral/bilateral] Pulley System;

Multi-point pulley attachment to tower; Motor & Rocker Switch with dual handle remote control level adjustments; soft grip LAT Bars with 7 pulley positions; Folding Foot Holder;

Rolling Range: 40" ( 1.0 meters)

14 Delivery, Installation and Training (as necessary)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 EA __________________ __________________

Recumbent Crosstrainer

3.00 EA __________________ __________________

DX treadmill

1.00 EA __________________ __________________

Health care international model TBT 1000

DX upright bike

Motomed Viva 2

Nautilus Leg press calf raise

2.00 EA __________________ __________________

Nautilis leg extension leg curl nautilis abdominal low back

Nautilis dual triceps

Nautilus dual lat pull down vertical row

Nautilus Rotary Torso

Dumbbell Rack

Total Gym Encompass Power Tower

1.00 JB __________________ __________________

Delivery, Installation and Training

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

ALL SHIP TO: St. Louis VA Medical Center Jefferson Barracks Division 1 Jefferson Barracks Drive St. Louis, MO 63125 4199

USA

ALL NTP + 30 days

MARK

FOR:

Heather Taylor 314-894-6169 heather.taylor2@va.gov

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)

C.2 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

(a) No gray market or remanufactured items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical equipment only for VA medical facilities.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

SECTION E - SOLICITATION PROVISIONS

E.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)