36C25523Q0286.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. 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

589-23-1-1792-0036

36C25523Q0286 05-08-2023

Taylor, Shannon shannon.taylor@va.gov 913-946-1983 05-24-2023

10:00A CDT

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

Leavenworth KS 66048

X 100

X

333241

500 Employees

N/A

X

Kansas City VA Medical Center 4801 East Linwood Boulevard Kansas City, MO 64128-2226

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15

36C255

Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

Combination Ovens, Installation, Warranty, and Accessories.

See Section B.2, Statement of Work, for details.

X X

X 1

Denise Maynard Contracting Officer

36C25523Q0286

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.5 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

Network Contracting Office (NCO) 15

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly In Arrears

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

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Gas Combi-Oven Countertop & Floor Unit

*ALL ITEMS HEREIN THAT MENTION BRAND NAME PRODUCTS MAY BE SUBSTITUTED

FOR A LIKE OR SIMILAR ITEM*

I. Introduction The Kansas City VAMC is seeking to buy (4) new Countertop Gas Combi-Ovens & (1) new Gas Combi-Oven Floor Unit to replace the outdated and beyond life-cycle ovens that are currently being used to produce food items for patient meals at the Kansas City campus.

II. Delivery All equipment shall be delivered and installed NLT 30 days ARO and must be coordinated with the facility POC before delivery of items. Facilities will remove old ovens & company purchasing from will install new ovens.

III. Requirements A. New and Unused: All goods shall be new, unused, produced from current production components, and shall be delivered and installed ready for use.

B. Shipping: All shipping and handling charges shall be paid by the contractor.

IV. Deliverables - Product Specifications and Quantities Item 1 – Countertop GAS Combi-Oven

QTY: 4 EA

Manufacturer: Unox – Brand Name or Equal Model: Range Model # XAVC-06FS-GPRM

Requirements Utilize Gas/Steam Stainless Steel construction 33 7/8”W x 38 1/16”D x 33 1/8”H Must be able to be stacked on top of each other to create 2 double stacks Must include 2 Year parts and 1 year labor warranty standard LONG.LIFE4-B1, extended warranty with certified installation Extended Warranty providing a 4yr/10,000 ON hours parts/1 yr labor warranty Extended warranty with certified installation for 2nd or more unit(s) installed at same time and location as 1st unit Stacked unit installation - must be purchased with corresponding unit

Item 2 – Floor Unit GAS Combi-Oven

QTY: 1 EA

Manufacturer: Unox – Brand Name or Equal Model# XAVL-2021-NPRS (GAS 208-240V)

Requirements Utilize Gas/Steam

Stainless Steel Construction 2 Year parts and 1 year labor warranty standard extended warranty with certified installation Extended Warranty providing a 4yr/10,000 ON hours parts/1 yr labor warranty 35”W x 45”D x 73”H Trolley, included (20 pan 2/1 trolley)

Item 3 – Accessories Stacking kit must be purchased whenever units are stacked Blue Hose™ Moveable Gas Connector Kit, 3/4" inside dia., 48" long, covered with stainless steel braid, coated with blue antimicrobial PVC, (1) SnapFast® QD, (1) full port valve, (2) 90° elbows, (1) Snap'N Go, coiled restraining cable with hardware, 180,000 BTU/hr minimum flow capacity, limited lifetime warranty (5 each)

CHROMO.GRID, 18"x26", stainless steel (20 each) "STEEL.GRID", GN 2/1 to full size adapting grid, stainless steel XEVTL-2021 Trolley, 29-5/16"W x 30-7/8"D x 67-5/8"H, (20) GN 2/1 pan capacity, 316 stainless steel construction (1 each) "STEEL.GRID", GN 2/1 to full size adapting grid, stainless steel (20 each) Trolley Handle Holder (1 each) Trolley Entrance Ramp (1 each) Trolley Holding Cover, thermocover, compatible with XEVTL-2021 & XEVTL-102P (1 each) "SUPER.GRILL", Ribbed Non-Stick Aluminum Pan, includes GRP 970 for use with QUICK.LOAD system, 12"x20" (25 each) "FORO.BAKE" Aluminum pan, 18"x26", perforated, ideal for Pastry, Cakes, Using Silicon

Mats (5 each) "FORO.BLACK" Non-Stick Perforated Aluminum pan, 18"x26", ideal for Croissants, Fresh

Bread, Danish Pastries, Pastry (5 each) "STEAM&FRY" Basket, 18"x26", stainless steel, ideal for Steamed Vegetables, French Fries, Pre-Fried items, Sous Vide Cooking (15 each) "FORO.BLACK" Non-Stick Perforated Aluminum pan, GN 1/1 12"x20", ideal for Croissants, Fresh Bread, Danish Pastries, Pastry (5 each) "EGGX 8x1", 12"x20" Non-Stick Aluminum Tray, ideal for fried eggs, omelets, pancakes, and tortillas (5 each) "BACON.40" 12"x20" Depth 7/8" Pan for Bacon with Fat Collection (15 each) "BLACK.20" Non-Stick Stainless Steel Pan, 12"x20" (25 each) Detergent & Rinse Plus, (10) 1 liter tanks, double concentrate, cleaning chemicals for Rotor.

Klean (15 cases)

V. Delivery Location and POC information Equipment shall be delivered to:

Kansas City VA Medical Center 4801 E Linwood Blvd (Attn: Nutrition & Food Services) Kansas City, MO 64128

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

2.00 EA

COMBI OVEN, GAS UNOX Model No. XAVC-06FS-GPRM ChefTop MIND.MapsT Plus Combi Oven, gas, countertop, (6) 18" x 26" full size sheet or (12) hotel size pan capacity, MIND.MapsT technology, programmable menu, 2-11/16" shelf spacing, glass door, right-to-left door opening, stainless steel interior & exterior, WIFI/USB for data transfer to HACCP software, 1kW, 8 amps, 120v/60/1-ph, cETLus, NSF, ENERGY STARr (cooking chamber built from 316L stainless steel) (For safety and reliability purposes, CHEFTOP MIND.MapsT Gas ovens (Free Standing and Countertop Models) must be equipped with only UNOX brand casters with safety chains),Gas lines is not included with the oven and must be purchased separately.

LOCAL STOCK NUMBER: XAVC-06FS-GPRM

1.00 EA

LONG.LIFE4-B1, extended warranty with certified installation (Pricing based on a 50 mile radius from installer, Additional charges may apply). UNOX Long.Life4 program includes the following, which remains subject to UNOX, Inc. Terms and conditions: 1.) Extended Warranty providing a 4yr/10,000 ON hours parts/1 yr labor warranty.

Oven must be connected to the internet via Ethernet cable or WIFI and must remain accessible for remote login by UNOX. 2) Pre-installation site inspection by an UNOX Certified Service Agent of the site where the UNOX equipment will be installed; Follow-up instructions advising customer of any additional material needed for site preparation required prior to installation; Assembly, setting and leveling of the UNOX equipment & Final Hook-up by Certified UNOX Service Agent. (1st 1011, 06FS, 10FS)

LOCAL STOCK NUMBER: ONG.LIFE4-B1

LONG.LIFE4-B2, extended warranty with certified installation for 2nd or more unit(s) installed at same time and location as 1st unit. (1011, 06FS, 10FS)(NET)

LOCAL STOCK NUMBER: LONG.LIFE4-B2

LONG.Life4. (NET)

XAAQC-00E2-G Stacking Kit for ChefTop MIND.MapsT Plus, includes installation kits and stacking parts for stacking two ovens, for gas ovens including floor stand (XWARC-00-EF-F) and casters

(XUC012)

LOCAL STOCK NUMBER: XAAQC-00E2-G

UXGL3448A Unox/Dormont Blue HoseT Moveable Gas Connector Kit, 3/4" inside dia., 48" long, covered with stainless steel braid, coated with blue antimicrobial PVC, (1) SnapFastr QD, (1) full port valve, (2) 90? elbows, (1) Snap'N Go, coiled restraining cable with hardware, 180,000 BTU/hr minimum flow capacity, limited lifetime warranty

LOCAL STOCK NUMBER: UXGL3448A

HS-16FS Heat Shield, can be used for either left or right panel, for models XAVL-2021-****, gas or electric and left or right and for Stacked XAVC-06FS-****(Please note: each heat shield will add 2.5 inches to the side it is installed) (NOTE: Heat Shield should be used when the oven sides are installed within 18 inches of a heat source such as a grill or fryer)

LOCAL STOCK NUMBER: HS-16FS

XHC012 UNOX.Finest Filtering System, reduces carbonate hardness of water, ChefTouchT monitors water consumption and notifies user to replace cartridge

LOCAL STOCK NUMBER: XHC012

Water Filter installation - must be purchased with corresponding unit LONG.Life4 and installation must take place at same time as unit installation (NOTE: Installation can only be purchased when the Water Filtration is also purchased from UNOX) (NET)

10.00 EA

GRP560 CHROMO.GRID, 18"x26", stainless steel

LOCAL STOCK NUMBER: GRP560

COMBI OVEN, GAS UNOX Model No. XAVC-06FS-GPRM ChefTop MIND.MapsT Plus Combi Oven, gas, countertop, (6) 18" x 26" full size sheet or (12) hotel size pan capacity, MIND.MapsT technology, programmable menu, 2-11/16" shelf spacing, glass door, right-to-left door opening, stainless steel interior & exterior, WIFI/USB for data transfer to HACCP software, 1kW, 8 amps, 120v/60/1-ph, cETLus, NSF, ENERGY STARr (cooking chamber built from 316L stainless steel) (For safety and reliability purposes, CHEFTOP MIND.MapsT Gas ovens (Free Standing and Countertop Models) must be equipped with only UNOX brand casters with safety chains),Gas lines is not included with the oven and must be purchased separately. INSTALL FORM End User Data & Installation

Confirmation Form 2 Year parts and 1 year labor warranty standard

LOCAL STOCK NUMBER: XAVC-06FS-GPRM

LONG.LIFE4-B2, extended warranty with certified installation for 2nd or more unit(s) installed at same time and location as 1st unit. (1011, 06FS, 10FS)(NET)

LOCAL STOCK NUMBER: LONG.LIFE4-B2

LONG.Life4. (NET)

XAAQC-00E2-G Stacking Kit for ChefTop MIND.MapsT Plus, includes installation kits and stacking parts for stacking two ovens, for gas ovens including floor stand (XWARC-00-EF-F) and casters

(XUC012)

LOCAL STOCK NUMBER: XAAQC-00E2-G

UXGL3448A Unox/Dormont Blue HoseT Moveable Gas Connector Kit, 3/4" inside dia., 48" long, covered with stainless steel braid, coated with blue antimicrobial PVC, (1) SnapFastr QD, (1) full port valve, (2) 90? elbows, (1) Snap'N Go, coiled restraining cable with hardware, 180,000 BTU/hr minimum flow capacity, limited lifetime warranty

LOCAL STOCK NUMBER: UXGL3448A

Stacked XAVC-06FS-****(Please note: each heat shield will add 2.5 inches to the side it is installed) (NOTE: Heat Shield should be used when the oven sides are installed within 18 inches of a heat source such as a grill or fryer)

10.00 EA

GRP560 CHROMO.GRID, 18"x26", stainless steel

LOCAL STOCK NUMBER: GRP560

COMBI OVEN, GAS UNOX Model No. XAVL-2021-NPRS (GAS 208- 240V) ChefTop MIND.MapsT Plus Combi Oven, gas, floor model,

(20) 18" x 26" full size sheet or (40) hotel size pan capacity, MIND.MapsT technology, programmable menu, 3-5/16" shelf spacing, glass door, right-to-left door opening, XEVTL-2021 trolley included (holds (40) full hotel size pans only, will need adapter grids GRP521 to convert to hold (20) 18"x 26" full size sheet), marine grade stainless steel interior & exterior, 2.6kW, 208-240v/60/1-ph, 307,093 BTU, NSF, cETLus, ENERGY STARr (gas lines is not included with the oven and must be purchased separately) 1 ea INSTALL FORM End User Data & Installation Confirmation Form 1 ea 2 Year parts and 1 year labor warranty standard 1 ea Trolley, included (20 pan 2/1 trolley, XEVTL-2021)

LOCAL STOCK NUMBER: XAVL-2021-NPRS

20.00 EA

GRP521 "STEEL.GRID", GN 2/1 to full size adapting grid, stainless steel

LOCAL STOCK NUMBER: GRP521

LONG.LIFE4-C1, extended warranty with certified installation (Pricing based on a 50 mile radius from installer, Additional charges may apply). UNOX Long.Life4 program includes the following, which remains subject to UNOX, Inc. Terms and conditions: 1.) Extended Warranty providing a 4yr/10,000 ON hours parts/1 yr labor warranty.

Oven must be connected to the internet via Ethernet cable or WIFI and must remain accessible for remote login by UNOX. 2) Pre-installation site inspection by an UNOX Certified Service Agent of the site where the UNOX equipment will be installed; Follow-up instructions advising customer of any additional material needed for site preparation required prior to installation; Assembly, setting and leveling of the UNOX equipment & Final Hook-up by Certified UNOX Service Agent. (1st 2021) 1 ea Natural Gas

XUC003 Installation Kit for ChefTop MIND.MapsT Plus, includes water drain fittings & U-trap, for single ovens (Installation kit parts are included in stacking kit)

LOCAL STOCK NUMBER: XUC003

UXGL-1048A Unox/Dormont Blue HoseT Moveable Gas Connector Kit for XAVL-2021-GP*S and XAVL-2021-NP*S, 1" inside dia., 48" long, covered with stainless steel braid, coated with blue antimicrobial PVC, (1) SnapFastr QD, (1) full port valve, (1) 90?

elbows, (1) Swivel , coiled restraining cable with hardware, 334,000 BTU/hr minimum flow capacity, limited lifetime warranty 1 ea It is the sole responsibility of the owner/operator/purchaser of this equipment to verify that the incoming water supply is comprehensively tested (Free Chlorine, Chloramine, TDS (Total Dissolved Solids), Silica, pH, TH (Total Hardness), Chlorides & Alkalinity) & if required, provide a means of water treatmeant that would meet the minimum requirements of the manufacturer's water quality standards as outlined on the product spec sheet. Noncompliance with these minimum standards will potentially damage this equipment and/or components & VOID the original equipment manufacturer's warranty

Stacked XAVC-06FS-****(Please note: each heat shield will add 2.5 inches to the side it is installed)

XEVTL-2021 Trolley, 29-5/16"W x 30-7/8"D x 67-5/8"H, (20) GN 2/1 pan capacity, 316 stainless steel construction

LOCAL STOCK NUMBER: XEVTL-2021

20.00 EA

GRP521 "STEEL.GRID", GN 2/1 to full size adapting grid, stainless steel

LOCAL STOCK NUMBER: GRP521

XUC161 Trolley Handle Holder

LOCAL STOCK NUMBER: XUC161

XUC164 Trolley Entrance Ramp

LOCAL STOCK NUMBER: XUC164

XUC031 Trolley Holding Cover, thermocover, compatible with

XEVTL- 2021 & XEVTL-102P

LOCAL STOCK NUMBER: XUC031

25.00 EA

COMBI OVEN, PARTS & ACCESSORIES UNOX Model No. TG970 "SUPER.GRILL", Ribbed Non-Stick Aluminum Pan, includes GRP 970 for use with QUICK.LOAD system, 12"x20"

LOCAL STOCK NUMBER: TG970

5.00 EA

OVEN PAN UNOX Model No. TG515 "FORO.BAKE" Aluminum pan, 18"x26", perforated, ideal for Pastry, Cakes, Using Silicon Mats

LOCAL STOCK NUMBER: TG515

OVEN PAN UNOX Model No. TG520 "FORO.BLACK" Non-Stick Perforated Aluminum pan, 18"x26", ideal for Croissants, Fresh Bread, Danish Pastries, Pastry

LOCAL STOCK NUMBER: TG520

15.00 EA

OVEN BASKET UNOX Model No. GRP575 "STEAM&FRY" Basket, 18"x26", stainless steel, ideal for Steamed Vegetables, French Fries, Pre-Fried items, Sous Vide Cooking

LOCAL STOCK NUMBER: GRP575

OVEN PAN UNOX Model No. TG890 "FORO.BLACK" Non-Stick Perforated Aluminum pan, GN 1/1 12"x20", ideal for Croissants, Fresh Bread, Danish Pastries, Pastry

LOCAL STOCK NUMBER: TG890

COMBI OVEN, PARTS & ACCESSORIES UNOX Model No. TG936 "EGGX 8x1", 12"x20" Non-Stick Aluminum Tray, ideal for fried eggs, omelets, pancakes, and tortillas

LOCAL STOCK NUMBER: TG936

15.00 EA

COMBI OVEN, PARTS & ACCESSORIES UNOX Model No. TG945 "BACON.40" 12"x20" Depth 7/8" Pan for Bacon with Fat Collection

LOCAL STOCK NUMBER: TG945

25.00 EA

COMBI OVEN, PARTS & ACCESSORIES UNOX Model No. TG895 "BLACK.20" Non-Stick Stainless Steel Pan, 12"x20"

LOCAL STOCK NUMBER: TG895

15.00 CS

OVEN CLEANER UNOX Model No. DB1015A0 Packed 1 cs UNOX Detergent & Rinse Plus, (10) 1 liter tanks, double concentrate, cleaning chemicals for Rotor. KleanT

LOCAL STOCK NUMBER: DB1015A0

FREIGHT Custom Freight Shipping to Kansas City on a double stack 6 full size

GRAND

TOTAL

B.4 DELIVERY SCHEDULE

ITEM NUMBER

DELIVERY

DATE

All SHIP TO: Kansas City VA Medical Center

4801 East Linwood Boulevard

Kansas City, MO 64128

USA

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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; 41 U.S.C. 4712 and 10 U.S.C. 4701 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

PRODUCTS AND COMMERCIAL SERVICES

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(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

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/;

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases).

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.5 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIPlisted SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–

74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] b If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following: (i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (iii) Prosecution for violating section 1001 of title 18. (b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or…