36C25619Q0655-004.docx
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- 629-19-2-106-0364 - Electrophysiology System Equipment for Research Activation - 36C256-19-AP-2038
- Solicitation number
- 36C25619Q0655
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PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
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
629-19-2-106-0364
36C25619Q0655 05-07-2019
PAUL FILHIOL
318-990-4088 05-21-2019
NOON
Department of Veterans Affairs Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101
X
Y 334510 1250 Employees
N/A
SE Louisiana Veterans Healthcare Sys Central Energy Plant building 2400 Canal St New Orleans LA 70119
Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101
Financial Services Center (667) PO Box 149971 Austin TX 78714-9971
See CONTINUATION Page Electrophysiology Rigs for New Orleans VA Research Lab
Gray Market Language - Vendors must provide evidence of Manufacturer's authorization to distribute items not manufactured by the Interested Vendor. See P. 60
See CONTINUATION Page
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 23 |
| ITEM INFORMATION | 23 |
| B.3 DELIVERY SCHEDULE | 31 |
| SECTION C - CONTRACT CLAUSES | 35 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 35 |
| C.2 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) | 40 |
| C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 40 |
| C.4 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 41 |
| C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 42 |
| C.6 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 43 |
| C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 43 |
| C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019) | 43 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 51 |
| SECTION E - SOLICITATION PROVISIONS | 52 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 52 |
| E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 56 |
| E.3 52.216-1 TYPE OF CONTRACT (APR 1984) | 57 |
| E.4 52.233-2 SERVICE OF PROTEST (SEP 2006) | 57 |
| E.5 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 57 |
| E.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION) | 58 |
| E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 58 |
| E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 59 |
| E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 59 |
| E.10 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 60 |
| E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) | 61 |
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
Overton Brooks VA Medical Center (90C) 510 East Stoner Avenue Shreveport LA 71101
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 | [] |
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 (667) PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Page 1 of Page 1 of Statement of Work
Motorized Electrophysiology System 629-19-2-106-0364 Southeast Louisiana Veterans Health Care System New Orleans, LA
02/27/2019
| 1. | PURPOSE |
| 1.1 | The overall purpose is to provide and configure one (1) Motorized Electrophysiology System Southeast Louisiana Veterans Health Care System (SLVHCS) Central Energy Plant building 2400 Canal St, New Orleans, LA 70119. |
| 2. | SCOPE |
| 2.1 | The Contractor shall provide, transport and configure all listed equipment. |
| 2.2 | All equipment and configuration must meet manufacturers and VA specifications. |
| 2.3 | The Contractor shall furnish all supplies, equipment, facilities and services required for delivery and configuration of the supplies and equipment. |
| 2.4 | The Contractor is responsible for any missing parts and components not included in order to carry out the installation and configuration. |
2.5 SALIENT CHARACTERISTICS
| 2.5.1 | One (1) Electrophysiology System | |
| Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below: | ||
| Specifications/Salient Characteristics: | ||
| · Motorised microscope |
· Two motorised 4 axes (3 real, 1 virtual) super smooth manipulators with Steep Brackets
· Motorised Movable Base Plate (MMBP) with 3 English mounting carriages
· Short Post and Platform for mounting sample
· Recording Chamber complete with a magnetic mounting ring and two perfusion tools
· One switchable Control Cube and one PatchPad for motorised remote positioning of manipulators and stage
· Linlab 2 software with its unique Follow pipette tracking software for easy multi-pipette placement and location
| 2.5.2 | One (1) set Microscope Support | |
| Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below: | ||
| Specifications/Salient Characteristics: |
· 2 support bars for microscope
| 2.5.3 | One (1) Microscope main module | |
| Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below: | ||
| Specifications/Salient Characteristics: |
· Tube Lens
· Beam Combiner Unit
· Periscope Components
· Product Software and Drivers via USB stick
| 2.5.4 | Two (2) Scan Path modules | |
| Suggested Manufacturer Brand Name: Stanley Vidmar A-2 workbench SEP1922AL 0200 housing with 4 drawer accessories and locking device workstation configuration with accessories as follows OR EQUIVALENT as listed below: | ||
| Specifications/Salient Characteristics: |
· 3 scanning mirrors
· Single Y-Galvanometer
· Relay lenses
· Fixed mirror
| 2.5.5 | One (1) Resonant X Module | |
| Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below: | ||
| Specifications/Salient Characteristics: |
· 8kHz resonant galvanometer with drive card module
| 2.5.6 | Two (2) Galvo Modules | |
| Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below: | ||
| Specifications/Salient Characteristics: |
· Drive Card to interface with Scan Path
| 2.5.7 | One (1) Relay Lense Pack | |
| Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below: | ||
| Specifications/Salient Characteristics: |
· Relay lense assembly for the capability of adding third mirror to Scan Path
2.5.8 One (1) Data Acquisition Package for Scan Imaging
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· RGG-GG
· RG-GG
· GG-GG
· Enables resonant and/or galvo imaging with uncaging/photostimulation
2.5.9 One (1) Scan Imaging License
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 12 months of access and support
2.5.10 One (1) Multiphoton Filter Set
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Filter set to separate red and green emitting dyes
· 525/50nm and 620/60nm emission filters
· 565LP dichroic included
2.5.11 One (1) Collection Optics Module
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· With Red Shifted PMT module and variable preamplifier
· Optical block and controller
2.5.12 One (1) Multiphoton GaAsp module
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· With variable preamplifier
2.5.13 Two (2) Preamplifier PSU cables
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 20MHz
2.5.14 One (1) Low Noise Preamplifier Power Supply
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Up to 4 x 4000-473 1MHz preamplifier or 4 x 4000-391 20MHz preamplifier
2.5.15 One (1) Extended Wave Launch Optics
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Single Scan Path
· For Use with Pockels cell
· Optical coatings for 900-1300nm
· Includes tubes, posts, shutter, power meter, and table mirrors
2.5.16 Two (2) Pockels Cells
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 680-1300nm
· 200:1 extinction ratio
2.5.17 One (1) Launch Optic
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· For use with Pockels Cell
· 680-1100nm optical coatings
· Includes tubes, posts, shutter, power meter, and table mirrors
· Additional mirrors for fixed wavelength alignment
2.5.18 One (1) Alignment Kit
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Allows for alignment of galvos/resonant mirror
2.5.19 One (1) Multiphoton Objective Slider and Bracket
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Two sliders and slidin rails
· Brakcets included
2.5.20 One (1) Objective slider
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· M32 thread
2.5.21 One (1) 40X Immersion Objective
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Universal long distance Plan Flourite no cover water immersion objective
· 40X magnification
· 3.3mm working distance
· 0.8 numerical aperture
· Wavelength from UV to Infrared
2.5.22 One (1) 4X Objective
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Plan Achromat objective with 4X magnification
· Working distance of 18.5 mm and numerical aperture of 0.1
2.5.23 One (1) Flourescence Adapter kit
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· RFA or UFA
2.5.24 One (1) Flourescence Turret
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· BX reflected light laminator
· Turret for 6 flourescence cubes
· Centerable aperture stop
· Filed stop
· UV protection shield
· 2X ND filter slot holders
2.5.25 One (1) GFP Filter Set
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 470/40x
· 495LP
· 525/50m
· Mounted in a cube
2.5.26 One (1) mCherry/ Texas Red Filter Set
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 560/40x
· 585LP
· 630/75m
· Mounted in a cube
2.5.27 One (1) Ultra LLG Delivery
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Standard Flourescence illumination system
· Broad spectrum illumination
· 3m long liquid light guide
· Microscope adapter
· Remote manual control pod
· 3x excitation filter holders
2.5.28 Two (2) 15X Eyepieces
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· FOV or 14.5mm
2.5.29 One (1) Trinocular Tube
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· For near-infrared applications
· Three position light path selector
· Diopter adjustment +/- 5 on left sleeve
· Interpupillary distance adjustment 50mm – 76mm
2.5.30 One (1) Adapter ring
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· C-Mount
2.5.31 One (1) Video Adapter Tube
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Direct Image Tube 1X
2.5.32 One (1) Scientific Camera
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 22 fps at full resolution
· 14-bit
· 11mm diagonal sensor
· Fast USB 3.0 interface with Ocular software
2.5.33 One (1) Filter Wheel
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 3 position
· Adjustable rotation on 1 position
2.5.34 One (1) Halogen Lamp House
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Lamphouse with bulbs
· Transformer and hand switch
· Filters and cables
2.5.35 One (1) Condenser
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Achromatic/Aplanatic
· With numerical aperature of 1.40
2.5.36 One (1) Immersion Oil
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 8cc
2.5.37 One (1) Contrast Tube
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· For visualization of cells in thick tissue
2.5.38 One (1) Standard Damping Clean Top Anti-Vibration Table Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 59X96X8 0r 1500 X 2400 X 200mm)
2.5.39 One (1) 4 post Anti Vibration System
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· With Non-Resonant Safety Tiebars
· 59 X96 or 1500 X 2400mm
2.5.40 Two (2) Electrophysiology Systems
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Slice Scope Motorised Microscope
· Motorised XY microscope cage
· Two motorized 4 axes (3 real, 1 virtual)
· Manipulators with shallow brackets
· Platform with English threaded mounting holes and three mounting carriages
· Recording chamber with magnetic mounting ring and two perfusion tools
· Switchable control cube for motorized remote positioning
· Pipette tracking software
2.5.41 Two (2) Halogen Lamp packages
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Lamphouse with bulbs
· Transformer and hand switch
· All filters and cables for IR illumination
2.5.42 Two (2) Filter Wheels
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 3 position wheel with adjustable rotation
2.5.43 Two (2) Polarizers
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 32mm for visible and 775 nm IR-DIC
2.5.44 Two (2) Condensers
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Long working distance of 5.7mm
· Single position condenser for BF/POL/DIC
· Strain-free achromatic/aplanatic correction
· Built-in 360 degree rotatable quarter plate for DIC microscopy
· IR compatible
2.5.45 Two (2) Below Sample Prisms
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· DIC prism for 40X water immersion objective
2.5.46 Two (2) Above Sample Prisms
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Suitable for thicker specimens
2.5.47 Two (2) Dual swing nosepieces
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Dual swing in/out
2.5.48 Two (2) 4X objective
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Plan Achromat objective with 4X magnification
· Working distance of 18.5 mm
· Numerical aperture of 0.1
2.5.49 Two (2) 40X Water Immersion Objectives
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Universal Long Distance Plan
· 40X magnification
· 3.3 mm working distance and numerical aperture of 0.8
· High transmissions over the entire wavelength range – UV to infrared
2.5.50 Two (2) Flouresence Adapter Kits
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· RFA or UFA
2.5.51 Two (2) Flourescence Turrets
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· BX reflected light laminators
· Turret for 6 flourescence cubes
· Centerable aperture stop and filed stop
· UV protective shield
2.5.52 Two (2) GFP filter sets
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Epifluorescence
· 470/40X
· 495LP
· 525/50m
2.5.53 Two (2) mCherry/Texas Red Filter Sets
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 560/40x
· 585LP
· 630/75m
2.5.54 Two (2) LLG Delivery
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Standard Flourescence illumination system
· Broad spectrum illumination
· 3m long liquid light guide
· Microscope adapter
· Remote manual control pod
· 3x excitation filter holders
2.5.55 Two (2) Analyzer sliders
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· For reflected light illuminator
2.5.56 Two (2) Trinocular Tubes
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· For near-infrared applications
· Three position light path selector
· Diopter adjustment +/- 5 on left sleeve
· Interpupillary distance adjustment 50mm – 76mm
2.5.57 Two (2) Eye-Pieces
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Widefield
2.5.58 Two (2) Eyepieces
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Focusable
2.5.59 Two (2) Magnification Changers
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 1x/2x
2.5.60 One (1) Video Adapter Tube
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Direct Image Tube 1X
2.5.61 One (1) Adapter ring
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· C-Mount
2.5.62 One (1) Scientific Camera
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 22 fps at full resolution
· 14-bit
· 11mm diagonal sensor
· Fast USB 3.0 interface with Ocular software
2.5.63 Two (2) Clean Bench Anti-Vibration Tables
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 36 X 36 (900 X 900mm)
· ¼ - 20 tapped holes
· Gimbal Piston vibration isolation
2.5.64 Two (2) Anti-Vibration Tables
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Set of 4 retractable casters for mounting
· 1,000 lb weight capacity
2.5.65 Two (2) Faraday Cages
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· 30 X 48 (750X1200mm)
· Stainless steel fram
· Copper mesh material
· Rubber lined (250mm) diameter hole in base of rear
· Retracting front panel
2.5.66 Two (2) Full Perimeter Enclosures
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Fixed Enclosure for 36X36X2
· Welded steel structure
· Provides non-isolated support for Faraday cages
· Raised rear shelves
· Plexiglass enclosures
2.5.67 Two (2) Deliveries
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Parts and casters
2.5.68 Three (3) Multiclamps 700B
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Headstage
· Baseplates for attaching headstage to manipulator
· Software
2.5.69 Three (3) Low Noise Data Acquisition Systems
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· Without Humsilencer Adaptive Noise Cancellation
· Rack mountable main unit
2.5.70 Three (3) Electrophysiology Softwares
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· USB with security keys
2.5.71 Install and Training One Day
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· One day
2.5.72 Install and Training Additonal Day
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· One day
2.5.73 One (1) 16x Objective
Suggested Manufacturer Brand Name: Scientifica OR EQUIVALENT as listed below:
Specifications/Salient Characteristics:
· For Multi-Photon Imaging
| 2.6 | DELIVERY AND CONFIGURATION |
| 2.6.1 | DELIVERY |
| 2.6.1.1 | Contractor shall deliver all equipment to the Southeast Louisiana Veterans Health Care System (SLVHCS) Central Energy Plant building 2400 Canal St, New Orleans, LA 70119 on May 28, 2019. |
| 2.6.1.2 | Deliver materials to job in manufacturer's original sealed containers with brand name marked thereon. |
| 2.6.1.3 | Package to prevent damage or deterioration during shipment, handling, storage and configuration. Maintain protective covering in place and in good repair until removal is necessary. |
| 2.6.1.4 | Deliver specified items only when the site is ready for installation work to proceed. |
| 2.6.1.5 | Store products in dry condition inside enclosed facilities. |
| 2.6.1.6 | Any government requested delayed delivery up to 90 days after initial award delivery date, shall be at no additional cost to the Government. |
| 2.6.1.7 | A pre-delivery meeting will be conducted 60 days prior to initial award delivery date for verification of delivery and installation dates. |
| 2.6.1.8 | Delivery and configuration will be coordinated through the COR. |
| 2.6.2 | CONFIGURATION |
| 2.6.2.1 | Configure and equipment to manufacturer’s specifications maintaining Federal, and Local safety standards |
| 2.6.2.3 | Configuration must be completed by June 15, 2019. All work shall be completed between 8:00 a.m. and 4:30 p.m. Monday – Friday. All federal holidays, excluded. Federal holidays are available at the Federal Holiday OPM Site. |
| 2.6.2.4 | If there is an operational conflict with configuration, night or weekend configuration may be required. Government will provide a 72 hours' notice of change of configuration hours. |
| 2.6.2.5 | The contractor shall coordinate all deliveries, staging areas, configurations, and parking arrangements with the COR. |
| 2.6.2.6 | The Contractor shall remove all related shipping debris and cleanup any construction associated with delivery and configuration of the specified items. Contractor shall remove all packaging from the SLVHCS premises. The Contractor shall be responsible for any damage to the building that occurs due to Contractor error or neglect. |
| 2.7 | SITE CONDITIONS |
| 2.7.1 | There shall be no smoking, eating, or drinking inside the hospital at any time. |
| 3. | INSPECTION AND ACCEPTANCE: |
| 3.1 | The Contractor shall conduct a joint inspection with the COR upon delivery of equipment. |
| 3.2 | Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s). |
| 3.3 | The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer. |
| 4. | DELIVERABLES |
| Not Applicable. |
| 5. | OPERATOR TRAINING: |
| Not Applicable. |
| 6. | PROTECTION OF PROPERTY |
| 6.1 | Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor. |
| 6.2 | The Contractor shall perform an inspection of the building(s) and grounds with the COR prior to commencing work. To insure that the Contractor shall be able to repair or replace any items, components, building(s) or grounds damaged due to negligence and/or actions taken by the Contractor. The source of all repairs beyond simple surface cleaning is the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence from the VA Facilities Management POC and COR is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work. |
| 6.3 | The Contractor shall be responsible for security of the areas in which the work is being performed prior to completion. |
| 6.4 | Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels. |
| 7. | SECURITY REQUIREMENTS |
| 7.1 | The Certification & Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required. See Attachment 1 for Security Requirements. |
| 8. | WARRANTY |
| 8.1 | The contractor shall provide a one year manufacturer’s warranty on all parts and labor. |
| 8.2 | The warranty shall include all travel and shipping costs associated with any warranty repair. |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| EA |
| __________________ |
| __________________ |
Electrophysiology System
| 1.00 |
| EA |
| __________________ |
| __________________ |
Microscope Support
| 1.00 |
| EA |
| __________________ |
| __________________ |
Microscope main module
| 2.00 |
| EA |
| __________________ |
| __________________ |
Scan Path modules
| 1.00 |
| EA |
| __________________ |
| __________________ |
Resonant X Module
| 2.00 |
| EA |
| __________________ |
| __________________ |
Galvo Modules
| 1.00 |
| EA |
| __________________ |
| __________________ |
Relay Lense Pack
| 1.00 |
| EA |
| __________________ |
| __________________ |
Data Acquisition Package for Scan Imaging
| 1.00 |
| EA |
| __________________ |
| __________________ |
Scan Imaging License
| 1.00 |
| EA |
| __________________ |
| __________________ |
Multiphoton Filter Set
| 1.00 |
| EA |
| __________________ |
| __________________ |
Collection Optics Module
| 1.00 |
| EA |
| __________________ |
| __________________ |
Multiphoton GaAsp module
| 2.00 |
| EA |
| __________________ |
| __________________ |
Preamplifier PSU cables
| 1.00 |
| EA |
| __________________ |
| __________________ |
Low Noise Preamplifier Power Supply
| 1.00 |
| EA |
| __________________ |
| __________________ |
Extended Wave Launch Optics
| 2.00 |
| EA |
| __________________ |
| __________________ |
Pockels Cells
| 1.00 |
| EA |
| __________________ |
| __________________ |
Launch Optic
| 1.00 |
| EA |
| __________________ |
| __________________ |
Alignment Kit
| 1.00 |
| EA |
| __________________ |
| __________________ |
Multiphoton Objective Slider and Bracket
| 1.00 |
| EA |
| __________________ |
| __________________ |
Objective slider
| 1.00 |
| EA |
| __________________ |
| __________________ |
40X Immersion Objective
| 1.00 |
| EA |
| __________________ |
| __________________ |
4X Objective
| 1.00 |
| EA |
| __________________ |
| __________________ |
Flourescence Adapter kit
| 1.00 |
| EA |
| __________________ |
| __________________ |
Flourescence Turret
| 1.00 |
| EA |
| __________________ |
| __________________ |
GFP Filter Set
| 1.00 |
| EA |
| __________________ |
| __________________ |
mCherry/ Texas Red Filter Set
| 1.00 |
| EA |
| __________________ |
| __________________ |
Ultra LLG Delivery
| 2.00 |
| EA |
| __________________ |
| __________________ |
15X Eyepieces
| 1.00 |
| EA |
| __________________ |
| __________________ |
Trinocular Tube
| 1.00 |
| EA |
| __________________ |
| __________________ |
Adapter ring
| 1.00 |
| EA |
| __________________ |
| __________________ |
Video Adapter Tube
| 1.00 |
| EA |
| __________________ |
| __________________ |
Scientific Camera
| 1.00 |
| EA |
| __________________ |
| __________________ |
Filter Wheel
| 1.00 |
| EA |
| __________________ |
| __________________ |
Halogen Lamp House
| 1.00 |
| EA |
| __________________ |
| __________________ |
Condenser
| 1.00 |
| EA |
| __________________ |
| __________________ |
Immersion Oil
| 1.00 |
| EA |
| __________________ |
| __________________ |
Contrast Tube
| 1.00 |
| EA |
| __________________ |
| __________________ |
Standard Damping Clean Top Anti-Vibration Table
| 1.00 |
| EA |
| __________________ |
| __________________ |
4 post Anti Vibration System
| 2.00 |
| EA |
| __________________ |
| __________________ |
Electrophysiology Systems
| 2.00 |
| EA |
| __________________ |
| __________________ |
Halogen Lamp packages
| 2.00 |
| EA |
| __________________ |
| __________________ |
Filter Wheels
| 2.00 |
| EA |
| __________________ |
| __________________ |
Polarizers
| 2.00 |
| EA |
| __________________ |
| __________________ |
Condensers
| 2.00 |
| EA |
| __________________ |
| __________________ |
Below Sample Prisms
| 2.00 |
| EA |
| __________________ |
| __________________ |
Above Sample Prisms
| 2.00 |
| EA |
| __________________ |
| __________________ |
Dual swing nosepieces
| 2.00 |
| EA |
| __________________ |
| __________________ |
4X objective
| 2.00 |
| EA |
| __________________ |
| __________________ |
40X Water Immersion Objectives
| 2.00 |
| EA |
| __________________ |
| __________________ |
Flouresence Adapter Kits
| 2.00 |
| EA |
| __________________ |
| __________________ |
Flourescence Turrets
| 2.00 |
| EA |
| __________________ |
| __________________ |
GFP filter sets
| 2.00 |
| EA |
| __________________ |
| __________________ |
mCherry/Texas Red Filter Sets
| 2.00 |
| EA |
| __________________ |
| __________________ |
LLG Delivery
| 2.00 |
| EA |
| __________________ |
| __________________ |
Analyzer sliders
| 2.00 |
| EA |
| __________________ |
| __________________ |
Trinocular Tubes
| 2.00 |
| EA |
| __________________ |
| __________________ |
Eye-Pieces
| 2.00 |
| EA |
| __________________ |
| __________________ |
Eyepieces
| 2.00 |
| EA |
| __________________ |
| __________________ |
Magnification Changers
| 2.00 |
| EA |
| __________________ |
| __________________ |
Video Adapter Tube
| 2.00 |
| EA |
| __________________ |
| __________________ |
Adapter ring
| 2.00 |
| EA |
| __________________ |
| __________________ |
Scientific Camera
| 2.00 |
| EA |
| __________________ |
| __________________ |
Clean Bench Anti-Vibration Tables
| 2.00 |
| EA |
| __________________ |
| __________________ |
Anti-Vibration Tables
| 2.00 |
| EA |
| __________________ |
| __________________ |
Faraday Cages
| 2.00 |
| EA |
| __________________ |
| __________________ |
Full Perimeter Enclosures
| 2.00 |
| EA |
| __________________ |
| __________________ |
Deliveries
| 3.00 |
| EA |
| __________________ |
| __________________ |
Multiclamps 700B
| 3.00 |
| EA |
| __________________ |
| __________________ |
Low Noise Data Acquisition Systems
| 3.00 |
| EA |
| __________________ |
| __________________ |
Electrophysiology Softwares
| 1.00 |
| EA |
| __________________ |
| __________________ |
Install and Training One Day
| 1.00 |
| EA |
| __________________ |
| __________________ |
Install and Training Additonal Day
| 1.00 |
| EA |
| __________________ |
| __________________ |
16x Objective
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| SE Louisiana Veterans Healthcare Sys |
Central Energy Plant building 2400 Canal St New Orleans, LA 70119
USA
| 1.00 |
| 120 Days ARO |
| MARK FOR: |
| EDWARD MORAN |
504-507-2000 ext. 67358 Edward.Moran2@va.gov
1.00
1.00
2.00
1.00
2.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
1.00
1.00
2.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
3.00
3.00
3.00
1.00
1.00
1.00
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
| FAR Number |
| Title |
| Date |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
C.2 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)
The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.
(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.
(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.
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