36C25723Q0248_.docx

36C25723Q0248

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

740-23-1-2039-0020

1-17-2023 Shannon Robinson 931-542-7887 01-23-2023

4:00PM

CST

36C257 Department Of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

X

339114 750 Employees

N/A

Department of Veterans Affairs Texas Valley Coastal Bend Healthcare Sys

2601 Veterans Drive Harlingen TX 78550 36C257

NCO 17

Department Of Veterans Affairs Network Contracting Office 17 124 E. Hwy 67, Suite 100 Duncanville TX 75137

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540

See CONTINUATION Page The contractor shall provide all labor, supplies, materials, equipment, supervision, transportation, and other items, and non-personal services necessary for dental instruments in accordance with the Statement of Work and terms and conditions contained herein.

For additional details reference B.3 Price/Cost schedule and starting on page 9.

Complete and return all information designated in section E (Page 44) prior to the time specified in block 8 of the 1449 (page 1).

Blocks 30a, 30b, 30c, on page 1 of the SF 1449 must be completed and signed in order to be considered for award.

Required documents and instructions for quote submission are included in the Addendum to FAR 52.212.-1, Instructions to Offerors- Commercial Products and Commercial Services.

This is an acquisition IAW FAR 13

See CONTINUATION Page

Francisco Mendoza Contracting Officer

Table of Contents

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:

b. GOVERNMENT:

Contracting Officer 36C257 Frank Mendoza francisco.mendoza@va.gov Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

Contract Specialist 36C257 Shannon Robinson Department of Veterans Affairs NCO 17 North Texas Healthcare System Regional Procurement Office West (RPO-W) 124 E. Hwy 67, Suite 100 Duncanville TX 75137

Shannon.robinson3@va.gov

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

Introduction The VA Texas Valley Coastal Bend Healthcare System (VATVCBHCS) in Harlingen, TX has a requirement to purchase Dental Hygiene Instruments an authorized vendor to supply and deliver the item(s) identified in Table below. This requirement must provide dental instruments and equipment that will not require additional training and development of standard operating procedures.

Package Items Summary

Place of Delivery:

Texas Valley Coastal Bend Health Care System 2601 Veterans Drive Harlingen, TX 78550

Delivery Schedule:

Items shall be delivered, installed and fully operational no earlier than the estimated delivery start date and no later than the delivery end date listed in Table below.

Texas Valley Coastal Bend Health Care System

Period of Performance

· Period of performance shall be done in a reasonable time frame (no longer than 60 days after receipt of order) unless unseen circumstances arise which need to be discussed with SPS representative.

Schedule and Order Management

· The above delivery schedule is based upon the current construction schedule, which is subject to change. The vendor shall not increase prices for a change in delivery date for up to 30+ days due to construction delays.

· The awardees actual delivery dates will be confirmed by VA upon award.

· Post-award the vendor will coordinate delivery. Once the dates have been confirmed, modifications to the schedule are subject to written approval by the VA POC and the vendor. Schedule changes that are beyond the dates specified in the contract will require approval by the Contracting Officer and a contract modification.

Delivery and Receiving

· Delivery and receipt of the proposed items is anticipated to be directed to the location identified below. Confirmation of delivery location will be provided by the VA POC post-award. Delivery must be coordinated with VA Logistics POC, Daniel Reyna,daniel.reynajr@va.gov, 956-291-9265 and/or Ivonne Martinez, ivonne.martinez@va.gov , 956-454-0045, prior to any attempts at delivery. Any item that has not been coordinated will be turned away and any additional charges will be the responsibility of the sender/transportation company.

· VA TX Valley Coastal Bend Health Care System Harlingen Health Care Center Outpatient Clinic

· The vendor is required to define the need for a staging area to accommodate item delivery, if needed. Post-award, this information will be confirmed with the vendor.

· The delivery of items identified in this document shall take place during normal business hours which are defined as: 0800 to 1630 (i.e.: 8:00am to 4:30pm Central Time), Monday through Friday, and excluding Federal Holidays.

· Labeling of delivered items shall include the awarded contract number and VA purchase order number for identification and reference upon receipt of product.

Documentation:

· Contractor shall furnish a delivery manifest once all dental instruments has been delivered.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Brand Name or Equal Hu Freidy - 12 Inst Signa Stat cassette Blue PRINCIPAL NAICS CODE: 339114 - Dental Equipment and Supplies Manufacturing PRODUCT/SERVICE CODE: 6820 - Dyes

MANUFACTURER PART NUMBER (MPN): IM8128

Brand Name or Equal Hu Freidy - Mirror Handle, #7 Clr

MANUFACTURER PART NUMBER (MPN): MH7C

Brand Name or Equal Hu Freidy - #11/12 ODU DE Explorer, Satin Steel

MANUFACTURER PART NUMBER (MPN): EXD11/126

Brand Name or Equal Hu Freidy - CC SE Probe 3-6-9-12, Satin Steel

MANUFACTURER PART NUMBER (MPN): PCP126

Brand Name or Equal Hu Freidy - CC #2 Nabers Probe 3-6-9-12 Satin Steel

MANUFACTURER PART NUMBER (MPN): PQ2N6

Brand Name or Equal Hu Freidy - #204SD DE Scaler, EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): S204SD9E2

Brand Name or Equal Hu Freidy - l 204S DE Sickle Scaler,EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): S204S9E2

Brand Name or Equal Hu Freidy - H6/H7 DE Scaler, EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): SH6/79E2

Brand Name or Equal Hu Freidy - #11/12 Gracey Curette,EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): SG11/129E2

Brand Name or Equal Hu Freidy - #13/14 Gracey Curette,EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): SG13/149E2

Brand Name or Equal Hu Freidy - #15/16 Gracey Curette,EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): SG15/169E2

Brand Name or Equal Hu Freidy - #4R4L Columbia Curette,EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): SC4R/4L9E2

Brand Name or Equal Hu Freidy - #3/4 Gracey Curette, EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): SG3/49E2

Brand Name or Equal Hu Freidy - #H5/33 DE Scaler, EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): SH5/339E2

Brand Name or Equal Hu Freidy - #YG7/8 YG Curette, EE2 #9 Handle

MANUFACTURER PART NUMBER (MPN): SYG7/89E2

Brand Name or Equal Hu Freidy - Markel Mouth Prop (Child Pair)

MANUFACTURER PART NUMBER (MPN): MP52-U

Brand Name or Equal Hu Freidy - Dual Grit Ceramic Stone

MANUFACTURER PART NUMBER (MPN): SSDGRIT

Brand Name or Equal Hu Freidy - Syringe Anesthetic Aspir CW Style 1.8ml

MANUFACTURER PART NUMBER (MPN): SYRCW

Brand Name or Equal Hu Freidy - 8x11, 12 INSTR., SIG.CASSETTE-GRAY

MANUFACTURER PART NUMBER (MPN): IM4121

Brand Name or Equal Hu Freidy - Cone Socket Mirror Handle, Satin Steel

MANUFACTURER PART NUMBER (MPN): MH6

Brand Name or Equal Hu Freidy - #4 FS CS Mouth Mirror, 3 pack

MANUFACTURER PART NUMBER (MPN): MIR4/3

Brand Name or Equal Hu Freidy - #DG16 DE Endo Explorer, Satin Steel

MANUFACTURER PART NUMBER (MPN): EXDG166

Brand Name or Equal Hu Freidy - #1 Endo Dressing Pliers (Locking)

MANUFACTURER PART NUMBER (MPN): EPL1

Brand Name or Equal Hu Freidy - #31L DE Endodontic Excavator Satin Steel

MANUFACTURER PART NUMBER (MPN): EXC31L6

Brand Name or Equal Hu Freidy - #D11NT SE Root Canal Spreader

MANUFACTURER PART NUMBER (MPN): RCSD11NT

Brand Name or Equal Hu Freidy - #1/3 DE Root Canal Plugger

MANUFACTURER PART NUMBER (MPN): RCP1/3

Brand Name or Equal Hu Freidy - #5/7 DE Root Canal Plugger

MANUFACTURER PART NUMBER (MPN): RCP5/7

Brand Name or Equal Hu Freidy - #9/11 DE Root Canal Plugger

MANUFACTURER PART NUMBER (MPN): RCP9/11

Brand Name or Equal Hu Freidy - #1 DE Glick Plastic Plugger

MANUFACTURER PART NUMBER (MPN): RCPGL1

Brand Name or Equal Hu Freidy - Articulating Paper Forceps

MANUFACTURER PART NUMBER (MPN): APF2

Brand Name or Equal Hu Freidy - Syringe Anesthetic Aspir CW Style 1.8ml

Brand Name or Equal Hu Freidy - Rubber Dam Forceps

MANUFACTURER PART NUMBER (MPN): RDF

Brand Name or Equal Hu Freidy - Rubber Dam Clamp #1, Satin Steel

MANUFACTURER PART NUMBER (MPN): RDCM1

Brand Name or Equal Hu Freidy - Rubber Dam Clamp #2, Satin Steel

MANUFACTURER PART NUMBER (MPN): RDCM2

Brand Name or Equal Hu Freidy - Rubber Dam Clamp #9, Satin Steel

MANUFACTURER PART NUMBER (MPN): RDCM9

Brand Name or Equal Hu Freidy - Rubber Dam Clamp #26N, Satin Steel

MANUFACTURER PART NUMBER (MPN): RDCM26N

Brand Name or Equal Hu Freidy - IMS Parts Box - Small

MANUFACTURER PART NUMBER (MPN): IMS-1275

Brand Name or Equal Hu Freidy - IMS Endodontic Stand, 24 Holes

MANUFACTURER PART NUMBER (MPN): IMS-1271

Brand Name or Equal Hu Freidy - IMS Bur Cushion - Short Lid

MANUFACTURER PART NUMBER (MPN): IMS-1372S

Brand Name or Equal Hu Freidy - Infinity Series A/W Clip Next Gen

MANUFACTURER PART NUMBER (MPN): IM1005N

Brand Name or Equal Hu Freidy - Oral Surgery Sig Cassette Red

MANUFACTURER PART NUMBER (MPN): IMOS0

Brand Name or Equal Hu Freidy - Cone Socket Mirror Handle, Satin Steel

Brand Name or Equal Hu Freidy - #23 SE Explorer, Satin Steel

MANUFACTURER PART NUMBER (MPN): EXS236

Brand Name or Equal Hu Freidy - CC SE Probe 3-6-9-12, Satin Steel

MANUFACTURER PART NUMBER (MPN): PCP126

Brand Name or Equal Hu Freidy - #3ES DE Explorer

MANUFACTURER PART NUMBER (MPN): EXD3ES

Brand Name or Equal Hu Freidy - Dressing Pliers, Utility Pick-Up

MANUFACTURER PART NUMBER (MPN): DPU17

Brand Name or Equal Hu Freidy - #17 DE Excavator, Satin Steel

MANUFACTURER PART NUMBER (MPN): EXC176

Brand Name or Equal Hu Freidy - #89/92 DE Cleoid-Discoid Carver SS

MANUFACTURER PART NUMBER (MPN): CD89/926

Brand Name or Equal Hu Freidy - #1/2 DE Cleoid-Discoid Carver

MANUFACTURER PART NUMBER (MPN): CD1/2

Brand Name or Equal Hu Freidy - #2T Tanner DE Amalgam Plugger

MANUFACTURER PART NUMBER (MPN): PLG2T

Brand Name or Equal Hu Freidy - #3T Tanner DE Amalgam Plugger

MANUFACTURER PART NUMBER (MPN): PLG3T

Brand Name or Equal Hu Freidy - #18 DE Ball Burnisher, Satin Steel

MANUFACTURER PART NUMBER (MPN): BB186

Brand Name or Equal Hu Freidy - #21 DE Cone Burnisher

MANUFACTURER PART NUMBER (MPN): BB21

Brand Name or Equal Hu Freidy - #21B DE Cone Burnisher, Satin Steel

MANUFACTURER PART NUMBER (MPN): BB21B6

Brand Name or Equal Hu Freidy - Interproximal DE Carver, Satin Steel

MANUFACTURER PART NUMBER (MPN): CVIPC6

Brand Name or Equal Hu Freidy - #H5/33 DE Scaler, Satin Steel

MANUFACTURER PART NUMBER (MPN): SH5/336

Brand Name or Equal Hu Freidy - MTC13/14 DE CURETTE SATIN STEEL HANDLE

MANUFACTURER PART NUMBER (MPN): SMTC13/146

Brand Name or Equal Hu Freidy - Post Composite Contouring Inst Duckhead

MANUFACTURER PART NUMBER (MPN): TNPCCI

Brand Name or Equal Hu Freidy - XTS Composite Instrument Small

MANUFACTURER PART NUMBER (MPN): TNFCIS

Brand Name or Equal Hu Freidy - #3 Goldstein Flexi-Thin Comp Inst

MANUFACTURER PART NUMBER (MPN): TNCIGFT3

Brand Name or Equal Hu Freidy - #D COSMETIC CONTOURING INST.

MANUFACTURER PART NUMBER (MPN): TNCCID

Brand Name or Equal Hu Freidy - #24 Cement Spatula Satin Steel Hdl

MANUFACTURER PART NUMBER (MPN): CS246

Brand Name or Equal Hu Freidy - CF(R)II Amalgam Carrier DE Regular/Jumbo

MANUFACTURER PART NUMBER (MPN): AC5203

Brand Name or Equal Hu Freidy - Syringe Anesthetic Aspir CW Style 1.8ml

Brand Name or Equal Hu Freidy - #3 Mosquito Hemostat - Curved

MANUFACTURER PART NUMBER (MPN): H3

Brand Name or Equal Hu Freidy - #6 Wagner Scissors, Curved

MANUFACTURER PART NUMBER (MPN): S6

Brand Name or Equal Hu Freidy - #113 Serrated Gingival Cord Packer

MANUFACTURER PART NUMBER (MPN): GCP113

Brand Name or Equal Hu Freidy - MTO CUSTOM 11X16,ORGN,C6,E4,8 REG,15 LP

MANUFACTURER PART NUMBER (MPN): I133C6E4LP*

Brand Name or Equal Hu Freidy - Retractor U of Minnesota

MANUFACTURER PART NUMBER (MPN): CRM

Brand Name or Equal Hu Freidy - Cone Socket Mirror Handle, Satin Steel

Brand Name or Equal Hu Freidy - #9 Molt Periosteal Elevator

MANUFACTURER PART NUMBER (MPN): P9

Brand Name or Equal Hu Freidy - Syringe Anesthetic Aspir CW Style 1.8ml

Brand Name or Equal Hu Freidy - 21 Miller Bone File

MANUFACTURER PART NUMBER (MPN): BF216

Brand Name or Equal Hu Freidy - #10 Miller DE Surgical Curette

MANUFACTURER PART NUMBER (MPN): CM10

Brand Name or Equal Hu Freidy - Dressing Pliers, Utility Pick-Up

MANUFACTURER PART NUMBER (MPN): DPU17

Brand Name or Equal Hu Freidy - Oral Surgery Aspirator 3mm

MANUFACTURER PART NUMBER (MPN): ASPOS3

Brand Name or Equal Hu Freidy - Crile-Wood Perma Sharp Needle Holder

MANUFACTURER PART NUMBER (MPN): NH5038 (30

Brand Name or Equal Hu Freidy - #9 Dean Scissors

MANUFACTURER PART NUMBER (MPN): S9

Brand Name or Equal Hu Freidy - #2 Kelly Hemostat - Curved

MANUFACTURER PART NUMBER (MPN): H2

Brand Name or Equal Hu Freidy - #A30 Cryer Elevator

MANUFACTURER PART NUMBER (MPN): EA30

Brand Name or Equal Hu Freidy - #34S Seldin Str. Elevator

MANUFACTURER PART NUMBER (MPN): E34S

Brand Name or Equal Hu Freidy - #93 Elevator (Serrated)

MANUFACTURER PART NUMBER (MPN): E93

Brand Name or Equal Hu Freidy - #92 Elevator (Serrated)

MANUFACTURER PART NUMBER (MPN): E92

Brand Name or Equal Hu Freidy - #9 West Root Tip Pick

MANUFACTURER PART NUMBER (MPN): E9

Brand Name or Equal Hu Freidy - #3 Scalpel Handle

MANUFACTURER PART NUMBER (MPN): 10-130-03

Brand Name or Equal Hu Freidy - #5 Scalpel Handle, Round Straight

MANUFACTURER PART NUMBER (MPN): 10-130-05

Brand Name or Equal Hu Freidy - Scalpel Blade Remover

MANUFACTURER PART NUMBER (MPN): 10-199-00

Brand Name or Equal Hu Freidy - #43 Adson-Brown Tissue Pliers

MANUFACTURER PART NUMBER (MPN): TP43

Brand Name or Equal Hu Freidy - #1 Hu-Friedy Rongeurs

MANUFACTURER PART NUMBER (MPN): R1

Brand Name or Equal Hu Freidy - #88L Nevius Forceps

MANUFACTURER PART NUMBER (MPN): F88L

Brand Name or Equal Hu Freidy - #150 Cryer Forceps

MANUFACTURER PART NUMBER (MPN): F150

Brand Name or Equal Hu Freidy - #151 Cryer Forceps

MANUFACTURER PART NUMBER (MPN): F151

Brand Name or Equal Hu Freidy - #23 Forceps

MANUFACTURER PART NUMBER (MPN): F23

Brand Name or Equal Hu Freidy - #88R Nevius Forceps

MANUFACTURER PART NUMBER (MPN): F88R

Brand Name or Equal Hu Freidy - MD-3 Mead Forceps, Serrated

MANUFACTURER PART NUMBER (MPN): FMD3

Brand Name or Equal Hu Freidy - Markel Mouth Prop (Child Pair)

MANUFACTURER PART NUMBER (MPN): MP52

Brand Name or Equal Hu Freidy - Markel Mouth Prop (Adult Pair)

MANUFACTURER PART NUMBER (MPN): MP54

B.4 DELIVERY SCHEDULE

VA Texas Valley Coastal Bend Healthcare System 2601 Veterans Dr.

Harlingen, TX 78550

USA

956-454-0045 ivonne.martinez@va.gov

Statement of Work

HCC DENTAL HYGIENE INSTURMENTS

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 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 PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

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

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

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

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

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

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

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

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

C.3 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[]…