36C25618Q0559-001.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.

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 46

564-18-2-1099-0060

36C25618Q0559 04-09-2018

Lonest Bonton 318-466-2234 04-19-2018

2:00pm (CST)

00502

ALEXANDRIA VA HEALTH CARE SYSTEM

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

X 100

X

339112

1000 Employees

N/A

X

36C564

SEE DELIVERY SCHEDULE

00502

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

2495 SHREVEPORT HIGHWAY

PINEVILLE LA 71360-4004

Department of Veterans Affairs

Financial Services Center

PO Box 149971

Austin TX 78714

877-353-9791 512-460-5429

See CONTINUATION Page

The Veterans Healthcare System of the Ozarks is requesting eye equipment for the eye clinic for the new activation at the Springfield CBOC, Springfield, MO.

See item schedule and Statement of Work for description.

Brand Name or Equal (52.211-6)

NOTE: SDVOSB/VOSB must be verified in VETBIZ/VIP prior to offer evaluation and prior to award.

For questions or concerns please contact Lonest Bonton @

318-466-2234 or lonest.bonton@va.gov.

See CONTINUATION Page

564-3680160-1099-820200-3131 SPY0CP7A1

X X

36C25618Q0559

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

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.216-1 TYPE OF CONTRACT (APR 1984)

E.2 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.3 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.4 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

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 36C256

ALEXANDRIA VA HEALTH CARE SYSTEM

NETWORK CONTRACTING OFFICE 16

ALEXANDRIA VA HEALTH CARE SYSTEM

PO BOX 69004

ALEXANDRIA LA 71306-9004

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

[] 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 []

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

PO Box 149971

Austin TX 78714

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes . Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause.

To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of

VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

Veterans Health Care System of the Ozarks (VHSO)

STATEMENT OF WORK (SOW)

March 22, 2018

Contract Title: 564-18-2-1099-0060 - Springfield - Eye Lanes

Background: The purpose of this request is to provide and install (9) Full Optometry Eye Lanes at a new activation for Veterans Health Care System of the Ozarks (VHSO) Community Based Outpatient Clinic (CBOC) in Springfield, MO.

Scope.

The Contractor shall provide, transport, install, and test all listed equipment. All products must meet all salient characteristics.

All equipment and installation must meet manufacturers and VA specifications.

The Contractor shall furnish all supplies, equipment, facilities and services required for delivery and installation of the supplies and equipment.

The Contractor is responsible for any missing parts and components not included in order to carry out the installation.

Equipment requested for new activation at Springfield, MO:

Description Qty Chair Mover, Large 9 Reichert Project-O-Chart Head Only, 9 Reichert Wall Mount for Project-O-Chart 9 M-1 Deluxe Slide 78.00 9 M-2 Child's Slide 9 13 x 13 Framed Screen with Swivel Bracket 9 Heine Omega 500 LEDHQ Binocular Indirect, Wired for Stand 9 Heine EN50 6' Extension Cord 9 Lombart Metal Trial Frame 9 Welch Allyn 11720 3.5v Halogen Coaxial Ophthalmoscope 9 Welch Allyn 18245 Elite Streak Retinoscope 9 Welch Allyn 41100 3.5v Halogen Finnoff Transilluminator 9 Welch Allyn 71670 3.5v NiCad Well Handle 27 Kowa HA-2 Hand Held Tonometer with one Prism, And Case 7 Front Surface Mirror Set, limestone 9 Reichert 11625B Minus Cylinder Ultramatic RxMaster Phoroptor, Black 9 Tono-Pen XL Tonometer 5 Topcon Deluxe Trial Lens Set with Minus Cylinders Only 9 Topcon CL-300 Computerized Lensmeter with Printer 4 Ishihara 24 Plate Book Test Chart 7

Volk 78D Small Aspheric Lens, Clear (31mm) 10 Volk 20D Large Aspheric Lens, Clear (50mm) 10 Volk VS66 Super66 Fundus Lens 10 Volk VSFNC SuperField NC Lens 10 Volk 90D Small Aspheric Lens, Clear (21.5mm) 10 Lombart Standard Trial Lens Cabinet 9 Lombart Pencil Depressor, Double Ended, with Clip 8 Stereo Fly Test 6 Horizontal Prism Bar 6 Vertical Prism Bar 6 Essilor Digital Pupilometer with Case 1 Contemporary Near Point Eye Chart, English 10 S-16 Loose Prism Set 5 Luneau Retinoscopy Rack 3 Marco Prism Exophthalmometer 3 Maddox Rod and Occluder 2 Lorgnette Pinhole Occluder Human Model Eye. 5 times 5 Farnsworth D15 Color Test 2 Worth Four Dot Test 4 Feinbloom Distance Low Vision Chart for Partially Sighted 2 Topcon KM-4 Manual Keratometer with K-Plate 9

Specifications/Characteristics:

Each item must be compatible with the equipment, infrastructure, and supplies already in use in VHSO Eye Clinics. VHSO has equipped each of our exam rooms at Fayetteville, Mount Vernon, Branson with identical equipment to help ensure continuity of care, maximize efficiency, and allow our providers and residents to move seamlessly from room to room and from clinic to clinic.

Binocular Indirect Ophthalmoscope, Heine Omega 500 with accessories: Heine extension cord. (Binocular indirect ophthalmoscopy is used to diagnose and monitor a number of retinal diseases including retinal detachment, diabetic retinopathy, and retinal holes.

• Indirect Ophthalmoscope must have four adjustable light size settings and at least three-color settings.

• Unit must have a halogen bulb and be corded for attachment to the equipment stand.

Reichert minus cylinder phoropter, Topcon KM-4 Manual Keratometer, Project-O-Chart with accessories: wall mount, deluxe slides, child’s slides, 13x13 screen, front surface mirror set. (The phoropter and keratometer are used in the determination of a patient’s glasses or contact lens prescriptions.

The projector system is used in conjunction with the phoropter to perform a refraction. This measurement provides optimum visual correction as well as manage many disease states and their effect on vision.)

• Phoropter must have minus cylinder.

• Cylinder dials must be located in the inner-lower portion of the instrument.

• Keratometer must have manually adjustable dials for measurement of the corneal surface.

• Projector chart must mount to the wall with tilt adjustments.

• Projector System must consist of two mirrors and a third projection surface.

Topcon CL-300 Lensmeter (used to determine and/or verify the proper glasses prescription).

• Lensmeter must have auto-measuring functions for glasses measurement.

• Lensmeter must have multiple programmable settings for measurement of single vision, bifocal, and progressive glasses.

Topcon trial lens set with accessories: Lombart lens cabinet, Lombart metal trial frame. (Used in the final determination of an eyeglasses prescription.)

• Custom cabinet on rollers.

• Trial frame must have fully adjustable features for pupillary distance, height, and temple length.

Kowa HA02 handheld tonometer and Tono-Pen XL tonometer. Tonometry is part of a comprehensive exam and crucial as part of glaucoma management.

Both the Kowa tonometer and Tono-Pen XL are reliable hand-held instruments in measuring intraocular pressure when a mounted Goldmann device cannot be utilized (i.e., wheel chair patient, inpatient, obese patient, etc.). The Tono-Pen is particularly useful when intraocular pressure cannot be measured with standard devices due to media opacity , compromised cornea, apprehension, etc. Tono-Pen technology is also easier and more efficient for eye technicians to use.

• Tonometer must employ the Goldmann style prism.

• Tono-Pen must have a single-button measurement feature.

Delivery and Installation.

Delivery is to be made to:

Veterans Health Care System of the Ozarks-Springfield Attn: Eye Clinic 1850 W. Republic Springfield, MO 65804

Deliver specified items only when the site is ready for installation and for work to proceed.

Any government requested delayed delivery up to 90 days after initial award delivery date, shall be at no additional cost to the Government.

All equipment shall be installed in a manner in which will allow for its safe and effective use by contractor upon delivery unless otherwise noted above.

Inspection and Acceptance.

The Contractor shall conduct a joint inspection with the Chief of Optometry or designee upon delivery of equipment.

The Chief of Optometry or designee shall ensure all work is completed satisfactorily prior to acceptance.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 PART # CS1ZZMOIL -

Chair Mover, Large

LOCAL STOCK

NUMBER: CS1ZZMOIL

9.00 EA ________________

0002 PART # CP0RE12084 -

Reichert Project-O-Chart

Head Only

NUMBER: CP0RE12084

0003 PART #

CP0RE11083WLFG -

Reichert Wall Mount for

Project-O-Chart

LOCAL STOCK

NUMBER:

CP0RE11083WLFG

0004 PART # CP1MAM1FG -

M-1 Deluxe Slide 78.00

LOCAL STOCK

CP1MAM1FG

0005 PART # CP1MAM2 -

M-2 Child's Slide

NUMBER: CP1MAM2

0006 PART #

CP1ZZSWIVELLFG -

13 x 13 Framed Screen with Swivel Bracket

LOCAL STOCK

NUMBER:

CP1ZZSWIVELLFG

9.00 EA ________________

0007 PART #

IO0HEOMEGA500LWS

FG - Heine Omega 500

LEDHQ Binocular

Indirect, Wired for Stand

LOCAL STOCK

NUMBER:

IO0HEOMEGA500LWS

FG

0008 PART # IO1HE0033510

- Heine EN50 6'

Extension Cord

LOCAL STOCK

IO1HE0033510

0009 PART # TF0LOMTF -

Lombart Metal Trial

Frame

NUMBER: TF0LOMTF

0010 PART #HI0WA11720 -

Welch Allyn 11720 3.5v

Halogen Coaxial

Ophthalmoscope

LOCAL STOCK

HI0WA11720

0011 PART # HI0WA18245 -

Welch Allyn 18245 Elite

Streak Retinoscope

LOCAL STOCK

HI0WA18245

0012 PART # HI0WA41100 -

Welch Allyn 41100 3.5v

Halogen Finnoff

Transilluminator

LOCAL STOCK

HI0WA41100

0013 PART # HI0WA71670 -

Welch Allyn 71670 3.5v

NiCad Well Handle

LOCAL STOCK

HI0WA71670

27.00 EA ________________

0014 PART #

TO0KOHA2PFG - Kowa

HA-2 Hand Held

Tonometer with one

Prism, And Case

LOCAL STOCK

TO0KOHA2PFG

7.00 EA ________________

0015 PART # CP1ZZMIRLFG

- Front Surface Mirror

Set, limestone

LOCAL STOCK

CP1ZZMIRLFG

0016 PART # RE0RE11625B

- Reichert 11625B Minus

Cylinder Ultramatic

RxMaster Phoroptor, Black

LOCAL STOCK

RE0RE11625B

0017 PART # TO0REPEN -

Tono-Pen XL Tonometer

NUMBER: TO0REPEN

5.00 EA ________________

0018 PART #

TL0TO14003FG -

Topcon Deluxe Trial

Lens Set with Minus

Cylinders Only

LOCAL STOCK

TL0TO14003FG

0019 PART # LE0TOCL300P

- Topcon CL-300

4.00 EA ________________ ________________

Computerized Lensmeter with Printer

LOCAL STOCK

LE0TOCL300P

0020 PART #CT0ZZISH24 -

Ishihara 24 Plate Book

Test Chart

LOCAL STOCK

CT0ZZISH24

7.00 EA ________________

0021 PART # L0VO78SMC -

Volk 78D Small

Aspheric Lens, Clear

(31mm)

LOCAL STOCK

L0VO78SMC

10.00 EA ________________

0022 PART # IL0VO20LGC -

Volk 20D Large

Aspheric Lens, Clear

(50mm)

LOCAL STOCK

IL0VO20LGC

0023 PART #

GP0VOSUPER66 - Volk

VS66 Super66 Fundus

Lens

LOCAL STOCK

GP0VOSUPER66

0024 PART # GP0VOSUPER

- Volk VSFNC

SuperField NC Lens

LOCAL STOCK

GP0VOSUPER

0025 PART # IL0VO90SMC

- Volk 90D Small

Aspheric Lens, Clear

(21.5mm)

10.00 EA ________________

LOCAL STOCK

IL0VO90SMC

0026 PART # RF0LO500S -

Lombart Standard Trial

Lens Cabinet

NUMBER: RF0LO500S

0027 PART #IO1LOPD -

Lombart Pencil

Depressor, Double

Ended, with Clip

NUMBER: IO1LOPD

8.00 EA ________________

0028 PART # RA0SOFLY -

Stereo Fly Test

NUMBER: RA0SOFLY

6.00 EA ________________

0029 PART # PR0ZZB15 -

Horizontal Prism Bar

NUMBER: PR0ZZB15

0030 PART # PR0ZZB14 -

Vertical Prism Bar

NUMBER: PR0ZZB14

0031 PART #

DA0SISILORDFG -

Essilor Digital

Pupilometer with Case

LOCAL STOCK

DA0SISILORDFG

1.00 EA ________________

0032 PART # TC0ZZCNPE -

Contemporary Near

Point Eye Chart, English

LOCAL STOCK

TC0ZZCNPE

0033 PART # PR0ZZS16 - S-

16 Loose Prism Set

NUMBER: PR0ZZS16

0034 PART # RR0LU122084 -

Luneau Retinoscopy

Rack

LOCAL STOCK

RR0LU122084

3.00 EA ________________

0035 PART # EX0MAEX -

Marco Prism

Exophthalmometer

NUMBER: EX0MAEX

3.00 EA ________________

0036 PART # OC0ZZMRO -

Maddox Rod and

Occluder

NUMBER: OC0ZZMRO

2.00 EA ________________

0037 PART # OC0ZZPL -

Lorgnette Pinhole

Occluder Human Model

Eye. 5 times

NUMBER: OC0ZZPL

0038 PART # CT0ZZD15 -

Farnsworth D15 Color

Test

NUMBER: CT0ZZD15

2.00 EA ________________

0039 PART # RA0ZZW4T -

Worth Four Dot Test

NUMBER: RA0ZZW4T

4.00 EA ________________

0040 PART #

TC0ZZ1950003000 -

Feinbloom Distance Low

Vision Chart for Partially

Sighted

2.00 EA ________________

LOCAL STOCK

TC0ZZ1950003000

0041 PART # KE0TOKM4 -

Topcon KM-4 Manual

Keratometer with K-

Plate

NUMBER: KE0TOKM4

GRAND TOTAL ________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: DEAPRTMENT OF VETERANS

AFFAIRS

Springfield CBC

1850 W. Republic Street

Springfield, MO 65807

UNITED STATES

9.00 60 DAYS ARO

MARK

FOR:

479-443-4301 x65240 pamela.skinner@va.gov

0002 SHIP TO: SAME AS PREVIOUS

9.00 SAME AS

PREVIOUS

0003 SHIP TO: SAME AS PREVIOUS

0004 SHIP TO: SAME AS PREVIOUS

0005 SHIP TO: SAME AS PREVIOUS

0006 SHIP TO: SAME AS PREVIOUS

0007 SHIP TO: SAME AS PREVIOUS

0008 SHIP TO: SAME AS PREVIOUS

0009 SHIP TO: SAME AS PREVIOUS

0010 SHIP TO: SAME AS PREVIOUS

0011 SHIP TO: SAME AS PREVIOUS

0012 SHIP TO: SAME AS PREVIOUS

0013 SHIP TO: SAME AS PREVIOUS

27.00 SAME AS

0014 SHIP TO: SAME AS PREVIOUS

7.00 SAME AS

0015 SHIP TO: SAME AS PREVIOUS

0016 SHIP TO: SAME AS PREVIOUS

0017 SHIP TO: SAME AS PREVIOUS

5.00 SAME AS

0018 SHIP TO: SAME AS PREVIOUS

0019 SHIP TO: SAME AS PREVIOUS

4.00 SAME AS

0020 SHIP TO: SAME AS PREVIOUS

7.00 SAME AS

0021 SHIP TO: SAME AS PREVIOUS

10.00 SAME AS

0022 SHIP TO: SAME AS PREVIOUS

0023 SHIP TO: SAME AS PREVIOUS

0024 SHIP TO: SAME AS PREVIOUS

0025 SHIP TO: SAME AS PREVIOUS

0026 SHIP TO: SAME AS PREVIOUS

0027 SHIP TO: SAME AS PREVIOUS

8.00 SAME AS

0028 SHIP TO: SAME AS PREVIOUS

6.00 SAME AS

0029 SHIP TO: SAME AS PREVIOUS

0030 SHIP TO: SAME AS PREVIOUS

0031 SHIP TO: SAME AS PREVIOUS

1.00 SAME AS

0032 SHIP TO: SAME AS PREVIOUS

0033 SHIP TO: SAME AS PREVIOUS

0034 SHIP TO: SAME AS PREVIOUS

3.00 SAME AS

0035 SHIP TO: SAME AS PREVIOUS

3.00 SAME AS

0036 SHIP TO: SAME AS PREVIOUS

2.00 SAME AS

0037 SHIP TO: SAME AS PREVIOUS

0038 SHIP TO: SAME AS PREVIOUS

0039 SHIP TO: SAME AS PREVIOUS

4.00 SAME AS

0040 SHIP TO: SAME AS PREVIOUS

0041 SHIP TO: SAME AS PREVIOUS

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2018)

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

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

(4) 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:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (OCT 2015) (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.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT

2016) (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).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)

(15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C

632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (DEC 2015) (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 (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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).

[] (34) 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.)

[] (35)(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.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

[] (38)(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.

[] (39)(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.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011)

[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[X] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(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.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 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).

[] (50) 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).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

[] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

(31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(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.

(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) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 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).

[] (6) 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).

[] (7) 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).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42

U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(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, 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 (OCT 2015) (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) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

(xiii) 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).

(xiv) 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).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

(a) Gray market items are Original Equipment Manufacturer’s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors.

This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the

OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

E.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

E.2 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

DEPARTMENT OF VETERANS AFFAIRS

ALEXANDRIA VA HEALTH CARE SYSTEM

P&C DEPARTMENT/BLDG 5, ROOM 212

2495 SHREVEPORT HIGHWAY

PINEVILLE LA 71360

Mailing Address:

DEPARTMENT OF VETERANS AFFAIRS

ALEXANDRIA VA HEALTH CARE SYSTEM

P&C DEPARTMENT (90C)

PO BOX 69004

ALEXANDRIA LA 71360

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

E.3 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (JAN 2008)

(a) Any protest filed by an interested party shall:

(1) Include the name, address, fax number, and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester's representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of

Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

E.4 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition

Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC

20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420.

The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.

(End of Provision)

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs

810 Vermont Avenue, N.W.

Washington, DC 20420

Or for solicitations issued by the Office of Construction and Facilities Management:

Director, Office of Construction and Facilities Management

811 Vermont Avenue, N.W.

Washington, DC 20420

FAR

Number

Title Date

52.211-6 BRAND NAME OR EQUAL AUG 1999

(End of Addendum to 52.212-1)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical and past performance, when combined, are .

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

https://www.sam.gov/portal

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern

Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency

Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(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; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) 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).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business…